A.B. 581
Assembly Bill No. 581–Committee on Judiciary
(On Behalf of Office of the Attorney General)
March 26, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning orders for protection against domestic violence. (BDR 3‑480)
FISCAL NOTE: Effect on Local Government: No.
~
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 orders; making various changes concerning orders for protection against domestic violence; 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 a
1-2 new section to read as follows:
1-3 1. Except as otherwise provided in subsection 2, an order for
1-4 protection against domestic violence issued by the court of another state,
1-5 territory or Indian tribe within the United States, including, without
1-6 limitation, any provisions in the order related to custody and support, is
1-7 valid and must be accorded full faith and credit and enforced by the
1-8 courts of this state as if it were issued by a court in this state, regardless
1-9 of whether the order has been registered in this state, if the court in this
1-10 state determines that:
1-11 (a) The issuing court had jurisdiction over the parties and the subject
1-12 matter under the laws of the state, territory or Indian tribe in which the
1-13 order was issued; and
1-14 (b) The adverse party was given reasonable notice and an opportunity
1-15 to be heard before the order was issued or, in the case of an ex parte
1-16 order, the adverse party was given reasonable notice and an opportunity
1-17 to be heard within the time required by the laws of the issuing state,
1-18 territory or tribe and, in any event, within a reasonable time after the
1-19 order was issued.
2-1 2. If the order for protection against domestic violence issued by the
2-2 court of another state, territory or Indian tribe is a mutual order for
2-3 protection against domestic violence and:
2-4 (a) No counter or cross-petition or other pleading was filed by the
2-5 adverse party; or
2-6 (b) A counter or cross-petition or other pleading was filed and the
2-7 court did not
make a specific finding of domestic violence by
both parties,
2-8 the court shall refuse to enforce the order against the applicant and may
2-9 determine whether to issue its own temporary or extended order.
2-10 3. A law enforcement officer shall enforce an order for protection
2-11 against domestic violence issued by the court of another state, territory or
2-12 Indian tribe and shall make an arrest for a violation thereof in the same
2-13 manner that a law enforcement officer would make an arrest for a
2-14 violation of a temporary or extended order issued by a court of this state
2-15 unless it is apparent to the officer that the order is not authentic on its
2-16 face.
2-17 4. In enforcing an order for protection against domestic violence
2-18 issued by the court of another state, territory or Indian tribe or arresting
2-19 a person for a violation of such an order, a law enforcement officer may
2-20 rely upon:
2-21 (a) A copy of an order for protection against domestic violence that
2-22 has been provided to the officer; and
2-23 (b) The statement of a person protected by such an order that the
2-24 order remains in effect.
2-25 5. The fact that an order has not been registered or included in the
2-26 repository for information concerning orders for protection against
2-27 domestic violence pursuant to NRS 33.095 or in any national crime
2-28 database is not grounds for a law enforcement officer to refuse to
2-29 enforce the terms of the order unless it is apparent to the officer that the
2-30 order is not authentic on its face.
2-31 6. A court, law enforcement officer or any other person who enforces
2-32 an order for protection against domestic violence issued by the court of
2-33 another state, territory or Indian tribe based upon a reasonable belief
2-34 that the order is valid is immune from civil and criminal liability for any
2-35 action taken based on that belief.
2-36 Sec. 2. NRS 33.017 is hereby amended to read as follows:
2-37 33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of
2-38 this act, unless the context otherwise requires:
2-39 1. “Extended order” means an extended order for protection against
2-40 domestic violence.
2-41 2. “Temporary order” means a temporary order for protection against
2-42 domestic violence.
2-43 Sec. 3. NRS 33.050 is hereby amended to read as follows:
2-44 33.050 1. The payment of all costs and official fees must be deferred
2-45 for any applicant for a temporary or extended order. After any hearing and
2-46 no later than final disposition of the application or order, the court shall
3-1 assess the costs and fees against the adverse party, except that the court
3-2 may reduce them or waive them, as justice may require.
3-3 2. The clerk of the court shall provide each party, free of cost, with
3-4 information about the:
3-5 (a) Availability of temporary and extended orders;
3-6 (b) Procedure for filing an application for an order; and
3-7 (c) Right to proceed without legal counsel.
3-8 3. The clerk of the court or other person designated by the court shall
3-9 assist any party in completing and filing the application, affidavit , and any
3-10 other paper or pleading necessary to initiate or respond to an application
3-11 for a temporary or extended order. This assistance does not constitute the
3-12 practice of law, but the clerk shall not render any advice or service that
3-13 requires the professional judgment of an attorney.
3-14 4. The clerk of the court shall not charge an applicant for a
3-15 temporary or extended order for providing the applicant with a certified
3-16 copy of the temporary or extended order.
3-17 Sec. 4. NRS 33.060 is hereby amended to read as follows:
3-18 33.060 1. The court shall transmit, by the end of the next business
3-19 day after the order is issued, a copy of the temporary or extended order to
3-20 the appropriate law enforcement agency which has jurisdiction over the
3-21 residence, school, child care facility or other provider of child care, or
3-22 place of employment of the applicant or the minor child.
3-23 2. The court [may] shall order the appropriate law enforcement agency
3-24 to serve , without charge, the adverse party personally with the temporary
3-25 order [if it finds that such service is necessary to avoid any act of violence]
3-26 and to file with or mail to the clerk of the court proof of service by the end
3-27 of the next business day after service is made. Service of an application for
3-28 an extended order and the notice of hearing thereon must be served upon
3-29 the adverse party pursuant to the Nevada Rules of Civil Procedure.
3-30 3. A law enforcement agency shall enforce a temporary or extended
3-31 order without regard to the county in which the order was issued.
3-32 4. The clerk of the court shall issue, without fee, a copy of the
3-33 temporary or extended order to the applicant and the adverse party.
3-34 Sec. 5. NRS 33.090 is hereby amended to read as follows:
3-35 33.090 1. [A valid order for protection against domestic violence
3-36 issued by a court of another state, territory or Indian tribe within the United
3-37 States must be accorded full faith and credit by the courts of this state and
3-38 enforced as if it were issued by a court in this state, regardless of whether
3-39 the order has been registered in this state.
3-40 2.] A person may [apply to a court of this state to] register an order for
3-41 protection against domestic violence issued by the court of another state,
3-42 territory or Indian tribe within the United States by presenting a certified
3-43 copy of the order to the clerk of the court in a judicial district in which the
3-44 person believes that enforcement may be necessary.
3-45 [3. Except as otherwise provided in subsection 5, upon application by
3-46 the protected party pursuant to subsection 2, a court of competent
3-47 jurisdiction in this state shall register such an order if:
4-1 (a) The court determines that the issuing court had proper jurisdiction
4-2 over the parties and the subject matter under the laws of the state, territory
4-3 or tribe; and
4-4 (b) The court determines that the adverse party was given reasonable
4-5 notice and an opportunity to be heard before the order was issued or, in the
4-6 case of an ex parte order, the adverse party was given reasonable notice
4-7 and an opportunity to be heard as soon as possible after the order was
4-8 issued.
4-9 4. An order that is registered has the same effect and must be enforced
4-10 in like manner as an order for protection against domestic violence issued
4-11 by a court of this state.
4-12 5. If the order for protection against domestic violence issued by the
4-13 court of another state, territory or Indian tribe was a mutual order for
4-14 protection against domestic violence and:
4-15 (a) No counter or cross-petition was filed seeking such protection order;
4-16 (b) A counter or cross-petition was filed and the court did not make a
4-17 specific finding of domestic violence by both parties; or
4-18 (c) The person who is applying to register the order has violated a law
4-19 of the State of Nevada relating to a different protection order issued against
4-20 him,
4-21 the court may refuse to register and enforce the order and may determine
4-22 whether to issue its own temporary or extended order.
4-23 6. A temporary or extended order of another state, territory or Indian
4-24 tribe presented pursuant to this section which appears authentic on its face
4-25 must be presumed valid.
4-26 7. A court, law enforcement officer or any other person who enforces
4-27 an order for protection against domestic violence based upon a reasonable
4-28 belief that the order is valid is immune from civil liability for any action
4-29 taken based on that belief.
4-30 8.] 2. The clerk of the court shall [maintain] :
4-31 (a) Maintain a record of each order registered pursuant to this section[.
4-32 9. The clerk shall not charge a fee for an application to register or for
4-33 registering an order pursuant to this section.
4-34 10. The clerk shall inform] ;
4-35 (b) Provide the protected party with a certified copy of the order
4-36 registered pursuant to this section bearing proof of registration with the
4-37 court;
4-38 (c) Forward, by the end of the next business day, a copy of an order
4-39 registered pursuant to this section to the appropriate law enforcement
4-40 agency which has jurisdiction over the residence, school, child care
4-41 facility or other provider of child care, or place of employment of the
4-42 protected party or the child of the protected party; and
4-43 (d) Inform the protected party upon the successful transfer of
4-44 information concerning the registration to the central repository for Nevada
4-45 records of criminal history as required pursuant to NRS 33.095.
4-46 3. The clerk of the court shall not:
4-47 (a) Charge a fee for providing an application to register an order, for
4-48 registering an order or for providing a certified copy of an order
4-49 pursuant to this section.
5-1 (b) Notify the party against whom the order has been made that an
5-2 order for protection against domestic violence issued by the court of
5-3 another state, territory or Indian tribe has been registered in this state.
5-4 4. A person who registers an order pursuant to this section must not
5-5 be charged to have the order served in this state.
5-6 Sec. 6. NRS 4.060 is hereby amended to read as follows:
5-7 4.060 1. Except as otherwise provided in this section[,] and NRS
5-8 33.017 to 33.100, inclusive, and section 1 of this act, each justice of the
5-9 peace shall charge and collect the following fees:
5-10 (a) On the commencement of any action or proceeding in
5-11 the justice’s court, other than in actions commenced pursuant
5-12 to chapter 73 of NRS, to be paid by the party commencing the
5-13 action:
5-14 If the sum claimed does not exceed $1,000....................................... $28.00
5-15 If the sum claimed exceeds $1,000 but does not exceed
5-16 $2,500........................................ 50.00
5-17 If the sum claimed exceeds $2,500 but does not exceed
5-18 $4,500...................................... 100.00
5-19 If the sum claimed exceeds $4,500 but does not exceed
5-20 $6,500...................................... 125.00
5-21 If the sum claimed exceeds $6,500 but does not exceed
5-22 $7,500...................................... 150.00
5-23 In all other civil actions............... 28.00
5-24 (b) For the preparation and filing of an affidavit and order
5-25 in an action commenced pursuant to chapter 73 of NRS:
5-26 If the sum claimed does not exceed $1,000......................................... 25.00
5-27 If the sum claimed exceeds $1,000 but does not exceed
5-28 $2,500........................................ 45.00
5-29 If the sum claimed exceeds $2,500 but does not exceed
5-30 $5,000........................................ 65.00
5-31 (c) On the appearance of any defendant, or any number of
5-32 defendants answering jointly, to be paid him or them on filing
5-33 the first paper in the action, or at the time of appearance:
5-34 In all civil actions........................ 12.00
5-35 For every additional defendant, appearing separately...................... 6.00
5-36 (d) No fee may be charged where a defendant or defendants
5-37 appear in response to an affidavit and order issued pursuant to
5-38 the provisions of chapter 73 of NRS.
5-39 (e) For the filing of any paper in intervention 6.00
5-40 (f) For the issuance of any writ of attachment, writ of
5-41 garnishment, writ of execution or any other writ designed to
5-42 enforce any judgment of the court...... 6.00
5-43 (g) For filing a notice of appeal, and appeal bonds 12.00
5-44 One charge only may be made if both papers are filed at
5-45 the same time.
5-46 (h) For issuing supersedeas to a writ designed to enforce a
5-47 judgment or order of the court.......... 12.00
5-48 (i) For preparation and transmittal of transcript and papers
5-49 on appeal........................................ 12.00
6-1 (j) For celebrating a marriage and returning the certificate
6-2 to the county recorder...................... 35.00
6-3 (k) For entering judgment by confession 6.00
6-4 (l) For preparing any copy of any record, proceeding or
6-5 paper, for each page............................. .30
6-6 (m) For each certificate of the clerk, under the seal of the
6-7 court.................................................. 3.00
6-8 (n) For searching records or files in his office, for each year.............................. 1.00
6-9 (o) For filing and acting upon each bail or property bond .................................... 40.00
6-10 2. A justice of the peace shall not charge or collect any of the fees set
6-11 forth in subsection 1 for any service rendered by him to the county in
6-12 which his township is located.
6-13 3. A justice of the peace shall not charge or collect the fee pursuant to
6-14 paragraph (j) of subsection 1 if he performs a marriage ceremony in a
6-15 commissioner township.
6-16 4. Except as otherwise provided by an ordinance adopted pursuant to
6-17 the provisions of NRS 244.207, the justice of the peace shall, on or before
6-18 the fifth day of each month, account for and pay to the county treasurer all
6-19 fees collected during the preceding month, except for the fees he may
6-20 retain as compensation and the fees he is required to pay to the state
6-21 treasurer pursuant to subsection 5.
6-22 5. The justice of the peace shall, on or before the fifth day of each
6-23 month, pay to the state treasurer [half] one-half of the fees collected
6-24 pursuant to paragraph (o) of subsection 1 during the preceding month. The
6-25 state treasurer shall deposit the money in the fund for the compensation of
6-26 victims of crime.
6-27 Sec. 7. This act becomes effective on July 1, 2001.
6-28 H