(REPRINTED WITH ADOPTED AMENDMENTS)

 

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.

                                 Effect on the State: No.

 

~

 

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

 

AN ACT relating to orders; making various changes concerning orders for protection against domestic violence; providing that certain orders for protection issued in another state are not subject to certain requirements to be given full faith and credit in this state; 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

2-8  both parties,

2-9  the court shall refuse to enforce the order against the applicant and may

2-10  determine whether to issue its own temporary or extended order.

2-11    3.  A law enforcement officer shall enforce an order for protection

2-12  against domestic violence issued by the court of another state, territory or

2-13  Indian tribe and shall make an arrest for a violation thereof in the same

2-14  manner that a law enforcement officer would make an arrest for a

2-15  violation of a temporary or extended order issued by a court of this state

2-16  unless it is apparent to the officer that the order is not authentic on its

2-17  face. An officer shall determine that an order is authentic on its face if

2-18  the order contains:

2-19    (a) The names of the parties;

2-20    (b) Information indicating that the order has not expired; and

2-21    (c) Information indicating that the court which issued the order had

2-22  legal authority to issue the order as evidenced by a certified copy of the

2-23  order, a file-stamped copy of the order, an authorized signature or stamp

2-24  of the court which issued the order or another indication of the authority

2-25  of the court which issued the order.

2-26  An officer may determine that any other order is authentic on its face.

2-27    4.  In enforcing an order for protection against domestic violence

2-28  issued by the court of another state, territory or Indian tribe or arresting

2-29  a person for a violation of such an order, a law enforcement officer may

2-30  rely upon:

2-31    (a) A copy of an order for protection against domestic violence that

2-32  has been provided to the officer;

2-33    (b) An order for protection against domestic violence that is included

2-34  in the repository for information concerning orders for protection

2-35  against domestic violence pursuant to NRS 33.095 or in any national

2-36  crime information database;

2-37    (c) Oral or written confirmation from a law enforcement agency or

2-38  court in the jurisdiction in which the order for protection against

2-39  domestic violence was issued that the order is valid and effective; or

2-40    (d) An examination of the totality of the circumstances concerning the

2-41  existence of a valid and effective order for protection against domestic

2-42  violence, including, without limitation, the statement of a person

2-43  protected by the order that the order remains in effect.

2-44    5.  The fact that an order has not been registered or included in the

2-45  repository for information concerning orders for protection against

2-46  domestic violence pursuant to NRS 33.095 or in any national crime

2-47  information database is not grounds for a law enforcement officer to

2-48  refuse to enforce the terms of the order unless it is apparent to the officer

2-49  that the order is not authentic on its face.

3-1    6.  A court or law enforcement officer who enforces an order for

3-2  protection against domestic violence issued by the court of another state,

3-3  territory or Indian tribe based upon a reasonable belief that the order is

3-4  valid or who refuses to enforce such an order based upon a reasonable

3-5  belief that the order is not valid and the employer of such a law

3-6  enforcement officer are immune from civil and criminal liability for any

3-7  action taken or not taken based on that belief.

3-8    Sec. 2.  NRS 33.017 is hereby amended to read as follows:

3-9    33.017  As used in NRS 33.017 to 33.100, inclusive, and section 1 of

3-10  this act, unless the context otherwise requires:

3-11    1.  “Extended order” means an extended order for protection against

3-12  domestic violence.

3-13    2.  “Temporary order” means a temporary order for protection against

3-14  domestic violence.

3-15    Sec. 3.  NRS 33.050 is hereby amended to read as follows:

3-16    33.050  1.  The payment of all costs and official fees must be deferred

3-17  for any applicant for a temporary or extended order. After any hearing and

3-18  no later than final disposition of the application or order, the court shall

3-19  assess the costs and fees against the adverse party, except that the court

3-20  may reduce them or waive them, as justice may require.

3-21    2.  The clerk of the court shall provide each party, free of cost, with

3-22  information about the:

3-23    (a) Availability of temporary and extended orders;

3-24    (b) Procedure for filing an application for an order; and

3-25    (c) Right to proceed without legal counsel.

3-26    3.  The clerk of the court or other person designated by the court shall

3-27  assist any party in completing and filing the application, affidavit , and any

3-28  other paper or pleading necessary to initiate or respond to an application

3-29  for a temporary or extended order. This assistance does not constitute the

3-30  practice of law, but the clerk shall not render any advice or service that

3-31  requires the professional judgment of an attorney.

3-32    4.  The clerk of the court shall not charge an applicant for a

3-33  temporary or extended order for providing the applicant with a certified

3-34  copy of the temporary or extended order.

3-35    Sec. 4.  NRS 33.060 is hereby amended to read as follows:

3-36    33.060  1.  The court shall transmit, by the end of the next business

3-37  day after the order is issued, a copy of the temporary or extended order to

3-38  the appropriate law enforcement agency which has jurisdiction over the

3-39  residence, school, child care facility or other provider of child care, or

3-40  place of employment of the applicant or the minor child.

3-41    2.  The court [may] shall order the appropriate law enforcement agency

3-42  to serve , without charge, the adverse party personally with the temporary

3-43  order [if it finds that such service is necessary to avoid any act of violence]

3-44  and to file with or mail to the clerk of the court proof of service by the end

3-45  of the next business day after service is made. Service of an application for

3-46  an extended order and the notice of hearing thereon must be served upon

3-47  the adverse party pursuant to the Nevada Rules of Civil Procedure.

3-48    3.  A law enforcement agency shall enforce a temporary or extended

3-49  order without regard to the county in which the order was issued.

4-1    4.  The clerk of the court shall issue, without fee, a copy of the

4-2  temporary or extended order to the applicant and the adverse party.

4-3    Sec. 5.  NRS 33.090 is hereby amended to read as follows:

4-4    33.090  1.  [A valid order for protection against domestic violence

4-5  issued by a court of another state, territory or Indian tribe within the United

4-6  States must be accorded full faith and credit by the courts of this state and

4-7  enforced as if it were issued by a court in this state, regardless of whether

4-8  the order has been registered in this state.

4-9    2.] A person may [apply to a court of this state to] register an order for

4-10  protection against domestic violence issued by the court of another state,

4-11  territory or Indian tribe within the United States by presenting a certified

4-12  copy of the order to the clerk of the court in a judicial district in which the

4-13  person believes that enforcement may be necessary.

4-14    [3.  Except as otherwise provided in subsection 5, upon application by

4-15  the protected party pursuant to subsection 2, a court of competent

4-16  jurisdiction in this state shall register such an order if:

4-17    (a) The court determines that the issuing court had proper jurisdiction

4-18  over the parties and the subject matter under the laws of the state, territory

4-19  or tribe; and

4-20    (b) The court determines that the adverse party was given reasonable

4-21  notice and an opportunity to be heard before the order was issued or, in the

4-22  case of an ex parte order, the adverse party was given reasonable notice

4-23  and an opportunity to be heard as soon as possible after the order was

4-24  issued.

4-25    4.  An order that is registered has the same effect and must be enforced

4-26  in like manner as an order for protection against domestic violence issued

4-27  by a court of this state.

4-28    5.  If the order for protection against domestic violence issued by the

4-29  court of another state, territory or Indian tribe was a mutual order for

4-30  protection against domestic violence and:

4-31    (a) No counter or cross-petition was filed seeking such protection order;

4-32    (b) A counter or cross-petition was filed and the court did not make a

4-33  specific finding of domestic violence by both parties; or

4-34    (c) The person who is applying to register the order has violated a law

4-35  of the State of Nevada relating to a different protection order issued against

4-36  him,

4-37  the court may refuse to register and enforce the order and may determine

4-38  whether to issue its own temporary or extended order.

4-39    6.  A temporary or extended order of another state, territory or Indian

4-40  tribe presented pursuant to this section which appears authentic on its face

4-41  must be presumed valid.

4-42    7.  A court, law enforcement officer or any other person who enforces

4-43  an order for protection against domestic violence based upon a reasonable

4-44  belief that the order is valid is immune from civil liability for any action

4-45  taken based on that belief.

4-46    8.] 2.  The clerk of the court shall [maintain] :

4-47    (a) Maintain a record of each order registered pursuant to this section[.

4-48    9.  The clerk shall not charge a fee for an application to register or for

4-49  registering an order pursuant to this section.

5-1    10.  The clerk shall inform] ;

5-2    (b) Provide the protected party with a certified copy of the order

5-3  registered pursuant to this section bearing proof of registration with the

5-4  court;

5-5    (c) Forward, by the end of the next business day, a copy of an order

5-6  registered pursuant to this section to the appropriate law enforcement

5-7  agency which has jurisdiction over the residence, school, child care

5-8  facility or other provider of child care, or place of employment of the

5-9  protected party or the child of the protected party; and

5-10    (d) Inform the protected party upon the successful transfer of

5-11  information concerning the registration to the central repository for Nevada

5-12  records of criminal history as required pursuant to NRS 33.095.

5-13    3.  The clerk of the court shall not:

5-14    (a) Charge a fee for registering an order or for providing a certified

5-15  copy of an order pursuant to this section.

5-16    (b) Notify the party against whom the order has been made that an

5-17  order for protection against domestic violence issued by the court of

5-18  another state, territory or Indian tribe has been registered in this state.

5-19    4.  A person who registers an order pursuant to this section must not

5-20  be charged to have the order served in this state.

5-21    Sec. 6.  NRS 4.060 is hereby amended to read as follows:

5-22    4.060  1.  Except as otherwise provided in this section[,] and NRS

5-23  33.017 to 33.100, inclusive, and section 1 of this act, each justice of the

5-24  peace shall charge and collect the following fees:

5-25    (a) On the commencement of any action or proceeding in

5-26  the justice’s court, other than in actions commenced pursuant

5-27  to chapter 73 of NRS, to be paid by the party commencing the

5-28  action:

5-29  If the sum claimed does not exceed $1,000........................................... $28.00

5-30  If the sum claimed exceeds $1,000 but does not exceed

5-31  $2,500............................................ 50.00

5-32  If the sum claimed exceeds $2,500 but does not exceed

5-33  $4,500.......................................... 100.00

5-34  If the sum claimed exceeds $4,500 but does not exceed

5-35  $6,500.......................................... 125.00

5-36  If the sum claimed exceeds $6,500 but does not exceed

5-37  $7,500.......................................... 150.00

5-38  In all other civil actions................... 28.00

5-39    (b) For the preparation and filing of an affidavit and order

5-40  in an action commenced pursuant to chapter 73 of NRS:

5-41  If the sum claimed does not exceed $1,000............................................. 25.00

5-42  If the sum claimed exceeds $1,000 but does not exceed

5-43  $2,500............................................ 45.00

5-44  If the sum claimed exceeds $2,500 but does not exceed

5-45  $5,000............................................ 65.00

5-46    (c) On the appearance of any defendant, or any number of

5-47  defendants answering jointly, to be paid him or them on filing

5-48  the first paper in the action, or at the time of appearance:

5-49  In all civil actions............................ 12.00

6-1  For every additional defendant, appearing separately.......................................... 6.00

6-2    (d) No fee may be charged where a defendant or defendants

6-3  appear in response to an affidavit and order issued pursuant to

6-4  the provisions of chapter 73 of NRS.

6-5  (e) For the filing of any paper in intervention   6.00

6-6  (f) For the issuance of any writ of attachment, writ of

6-7  garnishment, writ of execution or any other writ designed to

6-8  enforce any judgment of the court........... 6.00

6-9  (g) For filing a notice of appeal, and appeal bonds   12.00

6-10  One charge only may be made if both papers are filed at

6-11  the same time.

6-12  (h) For issuing supersedeas to a writ designed to enforce a

6-13  judgment or order of the court.............. 12.00

6-14  (i) For preparation and transmittal of transcript and papers

6-15  on appeal............................................ 12.00

6-16  (j) For celebrating a marriage and returning the certificate

6-17  to the county recorder.......................... 35.00

6-18  (k) For entering judgment by confession   6.00

6-19  (l) For preparing any copy of any record, proceeding or

6-20  paper, for each page................................ .30

6-21  (m) For each certificate of the clerk, under the seal of the

6-22  court..................................................... 3.00

6-23  (n) For searching records or files in his office, for each year.................................. 1.00

6-24  (o) For filing and acting upon each bail or property bond ........................................ 40.00

6-25    2.  A justice of the peace shall not charge or collect any of the fees set

6-26  forth in subsection 1 for any service rendered by him to the county in

6-27  which his township is located.

6-28    3.  A justice of the peace shall not charge or collect the fee pursuant to

6-29  paragraph (j) of subsection 1 if he performs a marriage ceremony in a

6-30  commissioner township.

6-31    4.  Except as otherwise provided by an ordinance adopted pursuant to

6-32  the provisions of NRS 244.207, the justice of the peace shall, on or before

6-33  the fifth day of each month, account for and pay to the county treasurer all

6-34  fees collected during the preceding month, except for the fees he may

6-35  retain as compensation and the fees he is required to pay to the state

6-36  treasurer pursuant to subsection 5.

6-37    5.  The justice of the peace shall, on or before the fifth day of each

6-38  month, pay to the state treasurer [half] one-half of the fees collected

6-39  pursuant to paragraph (o) of subsection 1 during the preceding month. The

6-40  state treasurer shall deposit the money in the fund for the compensation of

6-41  victims of crime.

6-42    Sec. 7.  NRS 17.340 is hereby amended to read as follows:

6-43    17.340  As used in NRS 17.330 to 17.400, inclusive, unless the context

6-44  otherwise requires, “foreign judgment” means any judgment of a court of

6-45  the United States or of any other court which is entitled to full faith and

6-46  credit in this state, except [a] :

6-47    1.  A judgment to which chapter 130 of NRS applies [.] ; and

6-48    2.  An order for protection issued for the purpose of preventing

6-49  violent or threatening acts or harassment against, or contact or

7-1  communication with or physical proximity to, another person, including

7-2  temporary and final orders.

7-3    Sec. 8.  This act becomes effective on July 1, 2001.

 

7-4  H