AB377_EN

Assembly Bill No. 377–Assemblymen Parnell, Gibbons, McClain, Bache, Brower, Carpenter, de Braga, Freeman, Goldwater, Koivisto, Lee, Leslie, Smith and Von Tobel

Joint Sponsor: Senator Amodei

CHAPTER..........

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 arresting officer determines that 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:

Section 1. NRS 33.020 is hereby amended to read as follows:

33.020 1. If it appears to the satisfaction of the court from specific

facts shown by a verified application that an act of domestic violence has

occurred or there exists a threat of domestic violence, the court may grant

a temporary or extended order . [for protection against domestic violence.]

A temporary or extended order [for protection against domestic violence]

must not be granted to the applicant or the adverse party unless he has

requested the order and has filed a verified application that an act of

domestic violence has occurred or there exists a threat of domestic

violence.

2. The court may require the applicant or the adverse party, or both, to

appear before [it] the court before determining whether to grant the

temporary or extended order.

3. A temporary order may be granted with or without notice to the

adverse party. An extended order may only be granted after notice to the

adverse party and a hearing on the application. A hearing on an application

for an extended order must be held within 45 days after the date on which

the application for the extended order is filed.

4. The court shall rule upon an application for a temporary order

within 1 judicial day after it is filed.

5. If it appears to the satisfaction of the court from specific facts

communicated by telephone to the court by an alleged victim that an act of

domestic violence has occurred and the alleged perpetrator of the domestic

violence has been arrested and is presently in custody pursuant to NRS

171.137, the court may grant a temporary order . [for protection against

domestic violence.] Before approving an order under such circumstances,

the court shall confirm with the appropriate law enforcement agency that

the applicant is an alleged victim and that the alleged perpetrator is in

custody. Upon approval by the court, the signed order may be transmitted

to the facility where the alleged perpetrator is in custody by electronic or

telephonic transmission to a facsimile machine. If such an order is

received by the facility holding the alleged perpetrator while he is still in

custody, the order must be personally served by an authorized employee of

the facility before the alleged perpetrator is released. The court shall mail a

copy of each order issued pursuant to this subsection to the alleged victim

named in the order and cause the original order to be filed with the court

clerk on the first judicial day after it is issued.

6. In a county whose population is [400,000] 47,000 or more, the court

shall be available 24 hours a day, 7 days a week, including nonjudicial

days and holidays, to receive communications by telephone and for the

issuance of a temporary order [for protection against domestic violence]

pursuant to subsection 5.

7. In a county whose population is less than [400,000,] 47,000, the

court may be available 24 hours a day, 7 days a week, including

nonjudicial days and holidays, to receive communications by telephone

and for the issuance of a temporary order [for protection against domestic

violence] pursuant to subsection 5.

8. The clerk of the court shall inform the protected party upon the

successful transfer of information concerning the registration to the central

repository for Nevada records of criminal history as required pursuant to

NRS 33.095.

Sec. 2. NRS 33.030 is hereby amended to read as follows:

33.030 1. The court by a temporary order may:

(a) Enjoin the adverse party from threatening, physically injuring or

harassing the applicant or minor child, either directly or through an agent;

(b) Exclude the adverse party from the applicant’s place of residence;

place of employment of the applicant or minor child and order him to stay

away from any specified place frequented regularly by them;

(d) If it has jurisdiction under chapter 125A of NRS, grant temporary

custody of the minor child to the applicant; and

(e) Order such other relief as it deems necessary in an emergency

situation.

2. The court by an extended order may grant any relief enumerated in

subsection 1 and:

(a) Specify arrangements for visitation of the minor child by the adverse

party and require supervision of that visitation by a third party if

necessary; and

(b) Order the adverse party to:

(1) Avoid or limit communication with the applicant or minor child;

(2) Pay rent or make payments on a mortgage on the applicant’s place

of residence or pay for the support of the applicant or minor child if he is

found to have a duty to support the applicant or minor child; and

(3) Pay all costs and fees incurred by the applicant in bringing the

action.

3. If an extended order is issued by a justice’s court, an interlocutory

appeal lies to the district court, which may affirm, modify or vacate the

order in question. The appeal may be taken without bond, but its taking

does not stay the effect or enforcement of the order.

4. A temporary or extended order must specify, as applicable, the

county and city, if any, in which the residence, school, child care facility

or other provider of child care, and place of employment of the applicant

or minor child are located.

5. A temporary or extended order must provide notice that a person

who is arrested for violating the order will not be admitted to bail sooner

than 12 hours after his arrest if the arresting officer determines that

such a violation is accompanied by a direct or indirect threat of harm.

Sec. 3. NRS 62.040 is hereby amended to read as follows:

62.040 1. Except if the child involved is subject to the exclusive

jurisdiction of an Indian tribe, and except as otherwise provided in this

chapter, the court has exclusive original jurisdiction in proceedings:

(a) Concerning any child living or found within the county who is in

need of supervision because he:

(1) Is a child who is subject to compulsory school attendance and is a

habitual truant from school;

(2) Habitually disobeys the reasonable and lawful demands of his

parents, guardian or other custodian, and is unmanageable; or

(3) Deserts, abandons or runs away from his home or usual place of

abode, and is in need of care or rehabilitation. The child must not be

considered a delinquent.

(b) Concerning any child living or found within the county who has

committed a delinquent act. A child commits a delinquent act if he violates

a county or municipal ordinance or any rule or regulation having the force

of law, or he commits an act designated a crime under the law of the State

of Nevada.

mentally retarded.

2. For the purposes of subsection 1, each of the following acts shall be

deemed not to be a delinquent act, and the court does not have jurisdiction

of a person who is charged with committing such an act:

(a) Murder or attempted murder and any other related offense arising

out of the same facts as the murder or attempted murder, regardless of the

nature of the related offense.

(b) Sexual assault or attempted sexual assault involving the use or

threatened use of force or violence against the victim and any other related

offense arising out of the same facts as the sexual assault or attempted

sexual assault, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older when the sexual assault

or attempted sexual assault was committed; and

(2) Before the sexual assault or attempted sexual assault was

committed, the person previously had been adjudicated delinquent for an

act that would have been a felony if committed by an adult.

of a firearm and any other related offense arising out of the same facts as

the offense or attempted offense involving the use or threatened use of a

firearm, regardless of the nature of the related offense, if:

(1) The person was 16 years of age or older when the offense or

attempted offense involving the use or threatened use of a firearm was

committed; and

(2) Before the offense or attempted offense involving the use or

threatened use of a firearm was committed, the person previously had been

adjudicated delinquent for an act that would have been a felony if

committed by an adult.

(d) A felony resulting in death or substantial bodily harm to the victim

and any other related offense arising out of the same facts as the felony,

regardless of the nature of the related offense, if:

(1) The felony was committed on the property of a public or private

school when pupils or employees of the school were present or may have

been present, at an activity sponsored by a public or private school or on a

school bus while the bus was engaged in its official duties; and

(2) The person intended to create a great risk of death or substantial

bodily harm to more than one person by means of a weapon, device or

course of action that would normally be hazardous to the lives of more

than one person.

(e) Any other offense if, before the offense was committed, the person

previously had been convicted of a criminal offense.

3. If a child is charged with a minor traffic offense, the court may

transfer the case and record to a justice’s or municipal court if the judge

determines that it is in the best interest of the child. If a case is so

transferred:

(a) The restrictions set forth in subsection [6] 7 of NRS 62.170 are

applicable in those proceedings; and

(b) The child must be accompanied at all proceedings by a parent or

legal guardian.

With the consent of the judge of the juvenile division, the case may be

transferred back to the juvenile court.

4. As used in this section, “school bus” has the meaning ascribed to it

in NRS 483.160.

Sec. 4. NRS 62.170 is hereby amended to read as follows:

62.170 1. Except as otherwise provided in NRS 62.172 and 62.175, a

peace officer or probation officer may take into custody any child:

(a) Who the officer has probable cause to believe is violating or has

violated any law, ordinance or rule or regulation having the force of law;

(b) Whose conduct indicates that he is a child in need of supervision.

2. Except as otherwise provided in this section and NRS 62.172 and

484.383, if a child is taken into custody:

(a) The officer shall, without undue delay, attempt to notify, if known,

the parent, guardian or custodian of the child;

(b) The facility in which the child is detained shall, without undue

delay:

(1) Notify a probation officer; and

(2) Attempt to notify, if known, the parent, guardian or custodian of

the child if such notification was not accomplished pursuant to paragraph

(a); and

ordered by the court, the child must be released to the custody of his

parent or other responsible adult who has signed a written agreement to

bring the child to the court at a stated time or at such time as the court may

direct. The written agreement must be submitted to the court as soon as

possible. If this person fails to produce the child as agreed or upon notice

from the court, a writ may be issued for the attachment of the person or of

the child requiring that the person or child, or both of them, be brought

into the court at a time stated in the writ.

3. Except as otherwise provided in this section and NRS 62.172, if a

child who is taken into custody is not released pursuant to subsection 2:

(a) The child must be taken without unnecessary delay to:

(1) The court; or

(2) The place of detention designated by the court and, as soon as

possible thereafter, the fact of detention must be reported to the court; and

(b) Pending further disposition of the case, the court may order that the

child be:

(1) Released to the custody of the parent or other person appointed by

the court;

(2) Detained in such place as is designated by the court, subject to

further order of the court; or

(3) Conditionally released for supervised detention at the home of the

child in lieu of detention at a facility for the detention of juveniles.

4. A child who is taken into custody for committing a battery that

constitutes domestic violence pursuant to NRS 33.018 must not be

released from custody sooner than 12 hours after he is taken into custody.

5. A child who is taken into custody for violating a temporary or

extended order for protection against domestic violence issued pursuant

to NRS 33.017 to 33.100, inclusive, or for violating a restraining order

or injunction that is in the nature of a temporary or extended order for

protection against domestic violence issued in an action or proceeding

brought pursuant to Title 11 of NRS must not be released from custody

sooner than 12 hours after he is taken into custody if the peace officer or

probation officer who has taken the child into custody determines that

such a violation is accompanied by a direct or indirect threat of harm.

For the purposes of this subsection, an order or injunction is in the

nature of a temporary or extended order for protection against domestic

violence if it grants relief that might be given in a temporary or extended

order issued pursuant to NRS 33.017 to 33.100, inclusive.

6. Except as otherwise provided in [subsection] subsections 4 and 5

and NRS 62.172, if a child is alleged to be delinquent or in need of

supervision, the child must not, before disposition of the case, be detained

in a facility for the secure detention of juveniles unless there is probable

cause to believe that:

(a) If the child is not detained, he is likely to commit an offense

dangerous to himself or to the community, or likely to commit damage to

property;

(b) The child will run away or be taken away so as to be unavailable for

proceedings of the court or to its officers;

order or warrant; or

(d) The child is a fugitive from another jurisdiction.

[6.] 7. If a child is not alleged to be delinquent or in need of

supervision, the child must not, at any time, be confined or detained in:

(a) A facility for the secure detention of juveniles; or

(b) Any police station, lockup, jail, prison or other facility in which

adults are detained or confined.

[7.] 8. If a child is less than 18 years of age, the child must not, at any

time, be confined or detained in any police station, lockup, jail, prison or

other facility where the child has regular contact with any adult who is

confined or detained therein and who has been convicted of a crime or

charged with a crime, unless:

(a) The child is alleged to be delinquent;

(b) An alternative facility is not available; and

confined or detained therein.

[8.] 9. If a child who is alleged to be delinquent is taken into custody

and detained, the child must be given a detention hearing, conducted by

the judge or master:

(a) Within 24 hours after the child submits a written application;

(b) In a county whose population is less than 100,000, within 24 hours

after the commencement of detention at a police station, lockup, jail,

prison or other facility in which adults are detained or confined;

after the commencement of detention at a police station, lockup, jail,

prison or other facility in which adults are detained or confined; or

(d) Within 72 hours after the commencement of detention at a facility in

which adults are not detained or confined,

whichever occurs first, excluding Saturdays, Sundays and holidays. A child

must not be released after a detention hearing without the written consent

of the judge or master.

[9.] 10. If the parent, guardian or custodian of the child appears with

or on behalf of the child at a detention hearing, the judge or master shall

provide to him a certificate of attendance which he may provide to his

employer. The certificate of attendance must set forth the date and time of

appearance and the provisions of NRS 62.900. The certificate of

attendance must not set forth the name of the child or the offense alleged.

[10.] 11. Except as otherwise provided in subsection [11,] 12, if a

child who is alleged to be in need of supervision is taken into custody and

detained, the child must be released within 24 hours, excluding Saturdays,

Sundays and holidays, after his initial contact with a peace officer to his

parent, guardian or custodian, to any other person who is able to provide

adequate care and supervision, or to shelter care, unless the court holds a

detention hearing and determines the child:

(a) Has threatened to run away from home or from the shelter;

(b) Is accused of violent behavior at home; or

decree.

If the court makes such a determination, the child may be detained for an

additional 24 hours after the hearing, excluding Saturdays, Sundays and

holidays, if needed by the court to make an alternative placement. Such an

alternative placement must be in a facility in which there are no physically

restraining devices or barriers. A child must not be detained pursuant to

this subsection for a total period in excess of 48 hours, excluding

Saturdays, Sundays and holidays.

[11.] 12. If a child who is alleged to be in need of supervision is taken

into custody and detained, the child need not be released pursuant to

subsection [10,] 11, if the court holds a detention hearing and determines

the child:

(a) Is a ward of a federal court or held pursuant to federal statute;

(b) Has run away from another state and a jurisdiction within the state

has issued a want, warrant or request for the child; or

If the court makes such a determination, the child may be detained for such

an additional period as necessary for the court to return the child to the

jurisdiction from which he originated or to make an alternative placement.

Such an alternative placement must be in a facility in which there are no

physically restraining devices or barriers.

[12.] 13. During the pendency of a criminal or quasi-criminal charge

of a crime excluded from the original jurisdiction of the juvenile court

pursuant to NRS 62.040, a child may petition the juvenile court for

temporary placement in a facility for the detention of juveniles.

[13.] 14. In determining whether to release a child pursuant to this

section to a person other than his parent, guardian or custodian, preference

must be given to any person related within the third degree of

consanguinity to the child who is suitable and able to provide proper care

and guidance for the child.

Sec. 5. NRS 62.172 is hereby amended to read as follows:

62.172 1. If a peace officer or probation officer has probable cause to

believe that a child is committing or has committed an offense that

involves the possession, use or threatened use of a firearm, the officer

shall take the child into custody.

2. If a child is taken into custody for an offense described in subsection

1, the child must not be released before a detention hearing is held

pursuant to subsection [8] 9 of NRS 62.170.

3. At a detention hearing held pursuant to subsection [8] 9 of NRS

62.170 concerning a child who was taken into custody for an offense

described in subsection 1, the judge or master shall determine whether to

order the child to be evaluated by a qualified professional. If the judge or

master orders a child to be evaluated by a qualified professional, the

evaluation must be completed within 14 days after the detention hearing.

Until the evaluation is completed, the child must be:

(a) Detained at a facility for the detention of juveniles; or

(b) Placed under a program of supervision in his home that may include

electronic surveillance of the child.

4. If a child is evaluated by a qualified professional pursuant to

subsection 3, the statements made by the child to the qualified professional

during the evaluation and any evidence directly or indirectly derived from

those statements may not be used for any purpose in a proceeding which is

conducted to prove that the child committed a delinquent act or criminal

offense. The provisions of this subsection do not prohibit the district

attorney from proving that the child committed a delinquent act or

criminal offense based upon evidence obtained from sources or by means

that are independent of the statements made by the child to the qualified

professional during the evaluation conducted pursuant to subsection 3.

5. As used in this section:

(a) “Firearm” has the meaning ascribed to it in subsection 1 of NRS

202.253.

(b) “Qualified professional” means:

(1) A psychiatrist licensed to practice medicine in this state and

certified by the American Board of Psychiatry and Neurology, Inc.;

(2) A psychologist licensed to practice in this state;

(3) A social worker holding a master’s degree in social work and

licensed in this state as a clinical social worker;

(4) A registered nurse holding a master’s degree in the field of

psychiatric nursing and licensed to practice professional nursing in this

state; or

(5) A marriage and family therapist licensed in this state pursuant to

chapter 641A of NRS.

Sec. 6. Chapter 125 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. A restraining order or injunction that is in the nature of a

temporary or extended order for protection against domestic violence

which is issued in an action or proceeding brought pursuant to this Title

must provide notice that a person who is arrested for violating the order

or injunction will not be admitted to bail sooner than 12 hours after his

arrest if the arresting officer determines that such a violation is

accompanied by a direct or indirect threat of harm.

2. For the purposes of this section, an order or injunction is in the

nature of a temporary or extended order for protection against domestic

violence if it grants relief that might be given in a temporary or extended

order issued pursuant to NRS 33.017 to 33.100, inclusive.

Sec. 7. NRS 171.1225 is hereby amended to read as follows:

171.1225 1. When investigating an act of domestic violence, a peace

officer shall:

(a) Make a good faith effort to explain the provisions of NRS 171.137

pertaining to domestic violence and advise victims of all reasonable means

to prevent further abuse, including advising each person of the availability

of a shelter or other services in the community.

(b) Provide a person suspected of being the victim of an act of domestic

violence with a written copy of the following statements:

(1) My name is officer ......................... (naming the investigating

officer). Nevada law requires me to inform you of the following

information.

(2) If I have probable cause to believe that a battery has been

committed against you, your minor child or the minor child of the person

believed to have committed the battery in the last 24 hours by your spouse,

your former spouse, any other person to whom you are related by blood or

marriage, a person with whom you are or were actually residing, a person

with whom you have had or are having a dating relationship or a person

with whom you have a child in common, I am required, unless mitigating

circumstances exist, to arrest the person suspected of committing the act.

(3) If I am unable to arrest the person suspected of committing the

battery, you have the right to request that the prosecutor file a criminal

complaint against the person. I can provide you with information on this

procedure. If convicted, the person who committed the battery may be

placed on probation, ordered to see a counselor, put in jail or fined.

(4) The law provides that you may seek a court order for the

protection of you or your minor children against further threats or acts of

domestic violence. You do not need to hire a lawyer to obtain such an

order for protection.

(5) An order for protection may require the person who committed or

threatened the act of domestic violence against you to:

(I) Stop threatening, harassing or injuring you or your children;

(II) Move out of your residence;

(III) Stay away from your place of employment;

(IV) Stay away from the school attended by your children;

(V) Stay away from any place you or your children regularly go;

and

(VI) Avoid or limit all communication with you or your children.

(6) A court may make future orders for protection which award you

custody of your children and require the person who committed or

threatened the act of domestic violence against you to pay:

(I) The rent or mortgage due on the place in which you live;

(II) The amount of money necessary for the support of your

children; and

(III) Part or all of the costs incurred by you in obtaining the order

for protection.

(7) To get an order for protection, go to room number ....... (state the

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

to provide you with the forms for an order of protection.

(8) If the person who committed or threatened the act of domestic

violence against you violates the terms of an order for protection, he may

be arrested[.] and, if the arresting officer determines that such a

violation is accompanied by a direct or indirect threat of harm, he will

not be admitted to bail sooner than 12 hours after his arrest.

(9) You may obtain emergency assistance or shelter by contacting

your local program against domestic violence at ......................... (state

name, address and telephone number of local program) or you may call,

without charge to you, the statewide program against domestic violence

at ........................ (state toll-free telephone number of statewide program).

2. As used in this section, “act of domestic violence” means any of the

following acts committed by a person against his spouse, former spouse,

any other person to whom he is related by blood or marriage, a person

with whom he is or was actually residing, a person with whom he has had

or is having a dating relationship, a person with whom he has a child in

common, the minor child of any of those persons or his minor child:

(a) A battery.

(b) An assault.

from which he has the right to refrain or to refrain from an act which he

has the right to perform.

(d) A sexual assault.

(e) A knowing, purposeful or reckless course of conduct intended to

harass the other. Such conduct may include, but is not limited to:

(1) Stalking.

(2) Arson.

(3) Trespassing.

(4) Larceny.

(5) Destruction of private property.

(6) Carrying a concealed weapon without a permit.

(f) False imprisonment.

(g) Unlawful entry of the other’s residence, or forcible entry against the

other’s will if there is a reasonably foreseeable risk of harm to the other

from the entry.

3. The failure of a peace officer to carry out the requirements set forth

in subsection 1 is not a defense in a criminal prosecution for the

commission of an act of domestic violence, nor may such an omission be

considered as negligence or as causation in any civil action against the

peace officer or his employer.

4. As used in this section, “dating relationship” means frequent,

intimate associations primarily characterized by the expectation of

affectional or sexual involvement. The term does not include a casual

relationship or an ordinary association between persons in a business or

social context.

Sec. 8. NRS 178.484 is hereby amended to read as follows:

178.484 1. Except as otherwise provided in this section, a person

arrested for an offense other than murder of the first degree must be

admitted to bail.

2. A person arrested for a felony who has been released on probation

or parole for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail;

(b) The state board of parole commissioners directs the detention

facility to admit the person to bail; or

vehicles and public safety directs the detention facility to admit the person

to bail.

3. A person arrested for a felony whose sentence has been suspended

pursuant to NRS 4.373 or 5.055 for a different offense or who has been

sentenced to a term of residential confinement pursuant to NRS 4.3762 or

5.076 for a different offense must not be admitted to bail unless:

(a) A court issues an order directing that the person be admitted to bail;

(b) A department of alternative sentencing directs the detention facility

to admit the person to bail.

4. A person arrested for murder of the first degree may be admitted to

bail unless the proof is evident or the presumption great by any competent

court or magistrate authorized by law to do so in the exercise of discretion,

giving due weight to the evidence and to the nature and circumstances of

the offense.

5. A person arrested for a battery that constitutes domestic violence

pursuant to NRS 33.018 must not be admitted to bail sooner than 12 hours

after his arrest. If the person is admitted to bail more than 12 hours after

his arrest, pursuant to subsection 5 of NRS 171.178, without appearing

personally before a magistrate, or without the amount of bail having been

otherwise set by a magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions of

battery that constitute domestic violence pursuant to NRS 33.018 and there

is no reason to believe that the battery for which he has been arrested

resulted in substantial bodily harm;

(b) Five thousand dollars, if the person has:

(1) No previous convictions of battery that constitute domestic

violence pursuant to NRS 33.018, but there is reason to believe that the

battery for which he has been arrested resulted in substantial bodily harm;

(2) One previous conviction of battery that constitutes domestic

violence pursuant to NRS 33.018, but there is no reason to believe that the

battery for which he has been arrested resulted in substantial bodily harm;

(1) One previous conviction of battery that constitutes domestic

violence pursuant to NRS 33.018 and there is reason to believe that the

battery for which he has been arrested resulted in substantial bodily harm;

(2) Two or more previous convictions of battery that constitute

domestic violence pursuant to NRS 33.018.

The provisions of this subsection do not affect the authority of a magistrate

or a court to set the amount of bail when the person personally appears

before the magistrate or the court [.] , or when a magistrate or a court has

otherwise been contacted to set the amount of bail. For the purposes of

this subsection, a person shall be deemed to have a previous conviction of

battery that constitutes domestic violence pursuant to NRS 33.018 if the

person has been convicted of such an offense in this state or has been

convicted of violating a law of any other jurisdiction that prohibits the

same or similar conduct.

6. A person arrested for violating a temporary or extended order for

protection against domestic violence issued pursuant to NRS 33.017 to

33.100, inclusive, or for violating a restraining order or injunction that

is in the nature of a temporary or extended order for protection against

domestic violence issued in an action or proceeding brought pursuant to

Title 11 of NRS must not be admitted to bail sooner than 12 hours after

his arrest if the arresting officer determines that such a violation is

accompanied by a direct or indirect threat of harm. If the person is

admitted to bail more than 12 hours after his arrest, pursuant to

subsection 5 of NRS 171.178, without appearing personally before a

magistrate, or without the amount of bail having been otherwise set by a

magistrate or a court, the amount of bail must be:

(a) Three thousand dollars, if the person has no previous convictions

of violating a temporary or extended order for protection against

domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive, or

of violating a restraining order or injunction that is in the nature of a

temporary or extended order for protection against domestic violence

issued in an action or proceeding brought pursuant to Title 11 of NRS;

(b) Five thousand dollars, if the person has one previous conviction of

violating a temporary or extended order for protection against domestic

violence issued pursuant to NRS 33.017 to 33.100, inclusive, or of

violating a restraining order or injunction that is in the nature of a

temporary or extended order for protection against domestic violence

issued in an action or proceeding brought pursuant to Title 11 of NRS;

convictions of violating a temporary or extended order for protection

against domestic violence issued pursuant to NRS 33.017 to 33.100,

inclusive, or of violating a restraining order or injunction that is in the

nature of a temporary or extended order for protection against domestic

violence issued in an action or proceeding brought pursuant to Title 11

of NRS.

The provisions of this subsection do not affect the authority of a

magistrate or a court to set the amount of bail when the person

personally appears before the magistrate or the court, or when a

magistrate or a court has otherwise been contacted to set the amount of

bail. For the purposes of this subsection, a person shall be deemed to

have a previous conviction of violating a temporary or extended order

for protection against domestic violence issued pursuant to NRS 33.017

to 33.100, inclusive, or of violating a restraining order or injunction that

is in the nature of a temporary or extended order for protection against

domestic violence issued in an action or proceeding brought pursuant to

Title 11 of NRS if the person has been convicted of such an offense in

this state or has been convicted of violating a law of any other

jurisdiction that prohibits the same or similar conduct.

7. The court may, before releasing a person arrested for an offense

punishable as a felony, require the surrender to the court of any passport

the person possesses.

[7.] 8. Before releasing a person arrested for any crime, the court may

impose such reasonable conditions on the person as it deems necessary to

protect the health, safety and welfare of the community and to ensure that

the person will appear at all times and places ordered by the court,

including, without limitation:

(a) Requiring the person to remain in this state or a certain county

within this state;

(b) Prohibiting the person from contacting or attempting to contact a

specific person or from causing or attempting to cause another person to

contact that person on his behalf;

(d) Prohibiting the person from engaging in specific conduct that may

be harmful to his own health, safety or welfare, or the health, safety or

welfare of another person.

In determining whether a condition is reasonable, the court shall consider

the factors listed in NRS 178.4853.

[8.] 9. If a person fails to comply with a condition imposed pursuant

to subsection [7,] 8, the court may, after providing the person with

reasonable notice and an opportunity for a hearing:

(a) Deem such conduct a contempt pursuant to NRS 22.010; or

(b) Increase the amount of bail pursuant to NRS 178.499.

[9.] 10. An order issued pursuant to this section that imposes a

condition on a person admitted to bail must include a provision ordering

any law enforcement officer to arrest the person if he has probable cause

to believe that the person has violated a condition of his bail.

[10.] 11. Before a person may be admitted to bail, he must sign a

document stating that:

(a) He will appear at all times and places as ordered by the court

releasing him and as ordered by any court before which the charge is

subsequently heard;

(b) He will comply with the other conditions which have been imposed

by the court and are stated in the document; and

outside of this state, he waives all his rights relating to extradition

proceedings.

The signed document must be filed with the clerk of the court of competent

jurisdiction as soon as practicable, but in no event later than the next

business day.

[11.] 12. If a person admitted to bail fails to appear as ordered by a

court and the jurisdiction incurs any cost in returning the person to the

jurisdiction to stand trial, the person who failed to appear is responsible for

paying those costs as restitution.

13. For the purposes of subsection 6, an order or injunction is in the

nature of a temporary or extended order for protection against domestic

violence if it grants relief that might be given in a temporary or extended

order issued pursuant to NRS 33.017 to 33.100, inclusive.

Sec. 9. NRS 178.4851 is hereby amended to read as follows:

178.4851 1. Upon a showing of good cause, a court may release

without bail any person entitled to bail if it appears to the court that it can

impose conditions on the person that will adequately protect the health,

safety and welfare of the community and ensure that he will appear at all

times and places ordered by the court.

2. In releasing a person without bail the court may impose such

conditions as it deems necessary to protect the health, safety and welfare

of the community and to ensure that he will appear at all times and places

ordered by the court, including, without limitation, any condition set forth

in subsection [7] 8 of NRS 178.484.

3. Upon a showing of good cause, a sheriff or chief of police may

release without bail any person charged with a misdemeanor pursuant to

standards established by a court of competent jurisdiction.

4. Before a person may be released without bail, he must file with the

clerk of the court of competent jurisdiction a signed document stating that:

(a) He will appear at all times and places as ordered by the court

releasing him and as ordered by any court before which the charge is

subsequently heard;

(b) He will comply with the other conditions which have been imposed

by the court and are stated in the document;

outside of this state, he waives all his rights relating to extradition

proceedings; and

(d) He understands that any court of competent jurisdiction may revoke

the order of release without bail and may order him into custody or require

him to furnish bail or otherwise ensure the protection of the health, safety

and welfare of the community or his appearance.

5. If a jurisdiction incurs any costs in returning a person to the

jurisdiction to stand trial, the person failing to appear is responsible for

paying those costs as restitution.

6. An order issued pursuant to this section that imposes a condition on

a person who is released without bail must include a provision ordering a

law enforcement officer to arrest the person if he has probable cause to

believe that the person has violated a condition of his release.

Sec. 10. The provisions of subsection 1 of NRS 354.599 do not apply

to any additional expenses of a local government that are related to the

provisions of this act.

Sec. 11. The amendatory provisions of this act do not apply to a

person who is admitted to bail before October 1, 2001.

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