2001 REGULAR SESSION (71st)                                                                       A AB581 R1 901

Amendment No. 901

 

Senate Amendment to Assembly Bill No. 581  First Reprint                                                  (BDR 3‑480)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 2, line 17, after “face.” by inserting:

“An officer shall determine that an order is authentic on its face if the order contains:

     (a) The names of the parties;

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

     (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.

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An officer may determine that any other order is authentic on its face.”.

     Amend section 1, page 2, by deleting lines 23 through 25 and inserting:

“has been provided to the officer;

     (b) An order for protection against domestic violence that is included in the repository for information concerning orders for protection against domestic violence pursuant to NRS 33.095 or in any national crime information database;

     (c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective; or

     (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order for protection against domestic violence, including, without limitation, the statement of a person protected by the order that the order remains in effect.”.

     Amend section 1, page 2, by deleting lines 32 through 36 and inserting:

     “6.  A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belief.”.

     Amend the bill as a whole by renumbering sec. 7 as sec. 8 and adding a new section designated sec. 7, following sec. 6, to read as follows:

     “Sec. 7.  NRS 17.340 is hereby amended to read as follows:

     17.340  As used in NRS 17.330 to 17.400, inclusive, unless the context otherwise requires, “foreign judgment” means any judgment of a court of the United States or of any other court which is entitled to full faith and credit in this state, except [a] :

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

     2.  An order for protection issued for the purpose of preventing violent or threatening acts or harassment against, or contact or communication with or physical proximity to, another person, including temporary and final orders.”.

     Amend the title of the bill, second line, after “violence;” by inserting:

“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;”.