Assembly Bill No. 82–Assemblymen Koivisto, McClain, Carpenter, Humke, Chowning, Anderson, Arberry, Berman, Buckley, Claborn, Collins, de Braga, Dini, Giunchigliani, Lee, Leslie, Manendo, Nolan, Oceguera, Parks and Smith

February 12, 2001

____________

Referred to Committee on Judiciary

SUMMARY—Makes various changes concerning orders to protect person from crime of stalking, aggravated stalking and harassment. (BDR 15‑35)

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.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to crimes; authorizing courts to defer and assess costs and fees for obtaining an order to protect a person from the crime of stalking, aggravated stalking and harassment against the adverse party; requiring the clerk of the court to provide information and assistance related to filing and responding to such an order; 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 200 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. The payment of all costs and official fees must be deferred for any

1-4 person who petitions a court for a temporary or extended order pursuant

1-5 to NRS 200.591. After any hearing and not later than final disposition of

1-6 such an application or order, the court shall assess the costs and fees

1-7 against the adverse party, except that the court may reduce them or waive

1-8 them, as justice may require.

1-9 2. The clerk of the court shall provide a person who petitions the

1-10 court for a temporary or extended order pursuant to NRS 200.591 and

1-11 the adverse party, free of cost, with information about the:

1-12 (a) Availability of temporary and extended orders pursuant to NRS

1-13 200.591;

1-14 (b) Procedure for filing an application for such an order; and

1-15 (c) Right to proceed without legal counsel.

2-1 3. The clerk of the court or other person designated by the court

2-2 shall assist a person who petitions the court for a temporary or extended

2-3 order pursuant to NRS 200.591 and the adverse party in completing and

2-4 filing the application, affidavit and any other paper or pleading

2-5 necessary to initiate or respond to an application for such a temporary or

2-6 extended order. This assistance does not constitute the practice of law,

2-7 but the clerk shall not render any advice or service that requires the

2-8 professional judgment of an attorney.

2-9 H