Assembly Bill No. 331–Assemblyman McCleary
(by request)

 

March 14, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes concerning the issuance and enforcement of certain temporary and extended orders for protection. (BDR 3‑956)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to protective orders; providing specific authorization for the parent or guardian of a child to obtain restraining orders and injunctions on behalf of the child; providing for the issuance and enforcement of temporary and extended orders to restrict the conduct of a person who is alleged to have committed certain crimes; providing justices’ courts with jurisdiction over proceedings to obtain such temporary or extended orders; 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

1-2  thereto a new section to read as follows:

1-3  In addition to any other remedy provided by law, the parent or

1-4  legal guardian of a child may obtain from the appropriate court

1-5  on behalf of the child a temporary or extended order for protection

1-6  against domestic violence pursuant to NRS 33.020, a temporary or

1-7  extended order to restrict the conduct of a person pursuant to

1-8  section 4 or 10 of this act and any other injunction or restraining

1-9  order authorized by law.

 

 

2-1  Sec. 2.  NRS 4.370 is hereby amended to read as follows:

2-2  4.370  1.  Except as otherwise provided in subsection 2,

2-3  justices’ courts have jurisdiction of the following civil actions and

2-4  proceedings and no others except as otherwise provided by specific

2-5  statute:

2-6  (a) In actions arising on contract for the recovery of money only,

2-7  if the sum claimed, exclusive of interest, does not exceed $7,500.

2-8  (b) In actions for damages for injury to the person, or for taking,

2-9  detaining or injuring personal property, or for injury to real property

2-10  where no issue is raised by the verified answer of the defendant

2-11  involving the title to or boundaries of the real property, if the

2-12  damage claimed does not exceed $7,500.

2-13      (c) Except as otherwise provided in paragraph (l) in actions for a

2-14  fine, penalty or forfeiture not exceeding $7,500, given by statute or

2-15  the ordinance of a county, city or town, where no issue is raised by

2-16  the answer involving the legality of any tax, impost, assessment, toll

2-17  or municipal fine.

2-18      (d) In actions upon bonds or undertakings conditioned for the

2-19  payment of money, if the sum claimed does not exceed $7,500,

2-20  though the penalty may exceed that sum. Bail bonds and other

2-21  undertakings posted in criminal matters may be forfeited regardless

2-22  of amount.

2-23      (e) In actions to recover the possession of personal property, if

2-24  the value of the property does not exceed $7,500.

2-25      (f) To take and enter judgment on the confession of a defendant,

2-26  when the amount confessed, exclusive of interest, does not exceed

2-27  $7,500.

2-28      (g) Of actions for the possession of lands and tenements where

2-29  the relation of landlord and tenant exists, when damages claimed do

2-30  not exceed $7,500 or when no damages are claimed.

2-31      (h) Of actions when the possession of lands and tenements has

2-32  been unlawfully or fraudulently obtained or withheld, when

2-33  damages claimed do not exceed $7,500 or when no damages are

2-34  claimed.

2-35      (i) Of suits for the collection of taxes, where the amount of the

2-36  tax sued for does not exceed $7,500.

2-37      (j) Of actions for the enforcement of mechanics’ liens, where the

2-38  amount of the lien sought to be enforced, exclusive of interest, does

2-39  not exceed $7,500.

2-40      (k) Of actions for the enforcement of liens of owners of facilities

2-41  for storage, where the amount of the lien sought to be enforced,

2-42  exclusive of interest, does not exceed $7,500.

2-43      (l) In actions for a fine imposed for a violation of NRS 484.757.

2-44      (m) Except in a judicial district that includes a county whose

2-45  population is 100,000 or more, in any action for the issuance of a

3-1  temporary or extended order for protection against domestic

3-2  violence.

3-3  (n) In an action for the issuance of a temporary or extended

3-4  order for protection against harassment in the workplace pursuant to

3-5  NRS 33.200 to 33.360, inclusive.

3-6  (o) In small claims actions under the provisions of chapter 73 of

3-7  NRS.

3-8  (p) In actions to contest the validity of liens on mobile homes or

3-9  manufactured homes.

3-10      (q) In any action pursuant to [NRS 200.591] section 4 or 10 of

3-11  this act for the issuance of a protective order against a person

3-12  alleged to have committed or to be committing [the crime of

3-13  stalking, aggravated stalking or harassment.] a crime established

3-14  pursuant to chapter 200 or 201 of NRS.

3-15      2.  The jurisdiction conferred by this section does not extend to

3-16  civil actions, other than for forcible entry or detainer, in which the

3-17  title of real property or mining claims or questions affecting the

3-18  boundaries of land are involved.

3-19      3.  Justices’ courts have jurisdiction of all misdemeanors and no

3-20  other criminal offenses except as otherwise provided by specific

3-21  statute. Upon approval of the district court, a justice’s court may

3-22  transfer original jurisdiction of a misdemeanor to the district court

3-23  for the purpose of assigning an offender to a program established

3-24  pursuant to NRS 176A.250.

3-25      4.  Except as otherwise provided in subsections 5 and 6, in

3-26  criminal cases the jurisdiction of justices of the peace extends to the

3-27  limits of their respective counties.

3-28      5.  In the case of any arrest made by a member of the Nevada

3-29  Highway Patrol, the jurisdiction of the justices of the peace extends

3-30  to the limits of their respective counties and to the limits of all

3-31  counties which have common boundaries with their respective

3-32  counties.

3-33      6.  Each justice’s court has jurisdiction of any violation of a

3-34  regulation governing vehicular traffic on an airport within the

3-35  township in which the court is established.

3-36      Sec. 3.  Chapter 200 of NRS is hereby amended by adding

3-37  thereto the provisions set forth as sections 4 to 8 of this act.

3-38      Sec. 4.  1.  A person who reasonably believes that a crime

3-39  established pursuant to this chapter has been committed or is

3-40  being committed against him may petition any court of competent

3-41  jurisdiction for a temporary or extended order directing the person

3-42  who allegedly has committed or is committing the crime to:

3-43      (a) Stay away from the home, school, business or place of

3-44  employment of the victim of the alleged crime and any other

3-45  location specifically named by the court.

4-1  (b) Refrain from contacting, intimidating, threatening or

4-2  otherwise interfering with the victim of the alleged crime and any

4-3  other person specifically named by the court, who may include,

4-4  without limitation, a member of the family or the household of the

4-5  victim.

4-6  2.  If a defendant charged with committing a crime

4-7  established pursuant to this chapter is released from custody

4-8  before trial or is found guilty during the trial, the court may issue

4-9  a temporary or extended order or provide as a condition of the

4-10  release or sentence that the defendant:

4-11      (a) Stay away from the home, school, business or place of

4-12  employment of the victim of the alleged crime and any other

4-13  location specifically named by the court.

4-14      (b) Refrain from contacting, intimidating, threatening or

4-15  otherwise interfering with the victim of the alleged crime and any

4-16  other person specifically named by the court, who may include,

4-17  without limitation, a member of the family or the household of the

4-18  victim.

4-19      3.  A temporary order may be granted with or without notice

4-20  to the adverse party. An extended order may be granted only after

4-21  notice to the adverse party and a hearing on the petition.

4-22      4.  If an extended order is issued by a justice’s court, an

4-23  interlocutory appeal lies to the district court, which may affirm,

4-24  modify or vacate the order in question. The appeal may be taken

4-25  without bond, but its taking does not stay the effect or enforcement

4-26  of the order.

4-27      5.  Any person who intentionally violates:

4-28      (a) A temporary order is guilty of a gross misdemeanor.

4-29      (b) An extended order is guilty of a category C felony and shall

4-30  be punished as provided in NRS 193.130.

4-31      6.  Any court order issued pursuant to this section must:

4-32      (a) Be in writing;

4-33      (b) Be personally served on the person to whom it is directed;

4-34  and

4-35      (c) Contain the warning that violation of the order:

4-36          (1) Subjects the person to immediate arrest.

4-37          (2) Is a gross misdemeanor if the order is a temporary

4-38  order.

4-39          (3) Is a category C felony if the order is an extended order.

4-40      Sec. 5.  1.  The payment of all costs and official fees must be

4-41  deferred for any person who petitions a court for a temporary or

4-42  extended order pursuant to section 4 of this act. After any hearing

4-43  and not later than final disposition of such an application or

4-44  order, the court shall assess the costs and fees against the adverse

5-1  party, except that the court may reduce them or waive them, as

5-2  justice may require.

5-3  2.  The clerk of the court shall provide a person who petitions

5-4  the court for a temporary or extended order pursuant to section 4

5-5  of this act and the adverse party, free of cost, with information

5-6  about the:

5-7  (a) Availability of temporary and extended orders pursuant to

5-8  section 4 of this act;

5-9  (b) Procedure for filing an application for such an order; and

5-10      (c) Right to proceed without legal counsel.

5-11      3.  A person who obtains an order pursuant to section 4 of this

5-12  act must not be charged any fee to have the order served in this

5-13  state.

5-14      Sec. 6.  1.  A temporary order issued pursuant to section 4 of

5-15  this act expires within such time, not to exceed 30 days, as the

5-16  court fixes. If a petition for an extended order is filed within the

5-17  period of a temporary order, the temporary order remains in effect

5-18  until the hearing on the extended order is held.

5-19      2.  On 2 days’ notice to the party who obtained the temporary

5-20  order, the adverse party may appear and move its dissolution or

5-21  modification, and in that event the court shall proceed to hear and

5-22  determine such motion as expeditiously as the ends of justice

5-23  require.

5-24      3.  An extended order expires within such time, not to exceed

5-25  1 year, as the court fixes. A temporary order may be converted by

5-26  the court, upon notice to the adverse party and a hearing, into an

5-27  extended order effective for not more than 1 year.

5-28      Sec. 7.  1.  Each court that issues an order pursuant to

5-29  section 4 of this act shall transmit, as soon as practicable, a copy

5-30  of the order to all law enforcement agencies within its jurisdiction.

5-31  The copy must include a notation of the date on which the order

5-32  was personally served upon the person to whom it is directed.

5-33      2.  A peace officer, without a warrant, may arrest and take

5-34  into custody a person when the peace officer has reasonable cause

5-35  to believe that:

5-36      (a) An order has been issued pursuant to section 4 of this act

5-37  to the person to be arrested;

5-38      (b) The person to be arrested has received a copy of the order;

5-39  and

5-40      (c) The person to be arrested is acting in violation of the order.

5-41      3.  Any law enforcement agency in this state may enforce a

5-42  court order issued pursuant to section 4 of this act.

 

 

6-1  Sec. 8.  1.  Upon the request of the alleged victim, the

6-2  prosecuting attorney in any trial brought against a person for a

6-3  crime established pursuant to this chapter shall inform the alleged

6-4  victim of the final disposition of the case.

6-5  2.  If the defendant is found guilty and the court issues an

6-6  order or provides a condition of his sentence restricting the ability

6-7  of the defendant to have contact with the victim or witnesses, the

6-8  clerk of the court shall:

6-9  (a) Keep a record of the order or condition of the sentence;

6-10  and

6-11      (b) Provide a certified copy of the order or condition of the

6-12  sentence to the victim and other persons named in the order.

6-13      Sec. 9.  Chapter 201 of NRS is hereby amended by adding

6-14  thereto the provisions set forth as sections 10 to 14, inclusive, of this

6-15  act.

6-16      Sec. 10.  1.  A person who reasonably believes that a crime

6-17  established pursuant to this chapter has been committed or is

6-18  being committed against him may petition any court of competent

6-19  jurisdiction for a temporary or extended order directing the person

6-20  who allegedly has committed or is committing the crime to:

6-21      (a) Stay away from the home, school, business or place of

6-22  employment of the victim of the alleged crime and any other

6-23  location specifically named by the court.

6-24      (b) Refrain from contacting, intimidating, threatening or

6-25  otherwise interfering with the victim of the alleged crime and any

6-26  other person specifically named by the court, who may include,

6-27  without limitation, a member of the family or the household of the

6-28  victim.

6-29      2.  If a defendant charged with committing a crime

6-30  established pursuant to this chapter is released from custody

6-31  before trial or is found guilty during the trial, the court may issue

6-32  a temporary or extended order or provide as a condition of the

6-33  release or sentence that the defendant:

6-34      (a) Stay away from the home, school, business or place of

6-35  employment of the victim of the alleged crime and any other

6-36  location specifically named by the court.

6-37      (b) Refrain from contacting, intimidating, threatening or

6-38  otherwise interfering with the victim of the alleged crime and any

6-39  other person specifically named by the court, who may include,

6-40  without limitation, a member of the family or the household of the

6-41  victim.

6-42      3.  A temporary order may be granted with or without notice

6-43  to the adverse party. An extended order may be granted only after

6-44  notice to the adverse party and a hearing on the petition.

7-1  4.  If an extended order is issued by a justice’s court, an

7-2  interlocutory appeal lies to the district court, which may affirm,

7-3  modify or vacate the order in question. The appeal may be taken

7-4  without bond, but its taking does not stay the effect or enforcement

7-5  of the order.

7-6  5.  Any person who intentionally violates:

7-7  (a) A temporary order is guilty of a gross misdemeanor.

7-8  (b) An extended order is guilty of a category C felony and shall

7-9  be punished as provided in NRS 193.130.

7-10      6.  Any court order issued pursuant to this section must:

7-11      (a) Be in writing;

7-12      (b) Be personally served on the person to whom it is directed;

7-13  and

7-14      (c) Contain the warning that violation of the order:

7-15          (1) Subjects the person to immediate arrest.

7-16          (2) Is a gross misdemeanor if the order is a temporary

7-17  order.

7-18          (3) Is a category C felony if the order is an extended order.

7-19      Sec. 11.  1.  The payment of all costs and official fees must

7-20  be deferred for any person who petitions a court for a temporary

7-21  or extended order pursuant to section 10 of this act. After any

7-22  hearing and not later than final disposition of such an application

7-23  or order, the court shall assess the costs and fees against the

7-24  adverse party, except that the court may reduce them or waive

7-25  them, as justice may require.

7-26      2.  The clerk of the court shall provide a person who petitions

7-27  the court for a temporary or extended order pursuant to section 10

7-28  of this act and the adverse party, free of cost, with information

7-29  about the:

7-30      (a) Availability of temporary and extended orders pursuant to

7-31  section 10 of this act;

7-32      (b) Procedure for filing an application for such an order; and

7-33      (c) Right to proceed without legal counsel.

7-34      3.  A person who obtains an order pursuant to section 10 of

7-35  this act must not be charged any fee to have the order served in

7-36  this state.

7-37      Sec. 12.  1.  A temporary order issued pursuant to section 10

7-38  of this act expires within such time, not to exceed 30 days, as the

7-39  court fixes. If a petition for an extended order is filed within the

7-40  period of a temporary order, the temporary order remains in effect

7-41  until the hearing on the extended order is held.

7-42      2.  On 2 days’ notice to the party who obtained the temporary

7-43  order, the adverse party may appear and move its dissolution or

7-44  modification, and in that event the court shall proceed to hear and

8-1  determine such motion as expeditiously as the ends of justice

8-2  require.

8-3  3.  An extended order expires within such time, not to exceed

8-4  1 year, as the court fixes. A temporary order may be converted by

8-5  the court, upon notice to the adverse party and a hearing, into an

8-6  extended order effective for not more than 1 year.

8-7  Sec. 13.  1.  Each court that issues an order pursuant to

8-8  section 10 of this act shall transmit, as soon as practicable, a copy

8-9  of the order to all law enforcement agencies within its jurisdiction.

8-10  The copy must include a notation of the date on which the order

8-11  was personally served upon the person to whom it is directed.

8-12      2.  A peace officer, without a warrant, may arrest and take

8-13  into custody a person when the peace officer has reasonable cause

8-14  to believe that:

8-15      (a) An order has been issued pursuant to section 10 of this act

8-16  to the person to be arrested;

8-17      (b) The person to be arrested has received a copy of the order;

8-18  and

8-19      (c) The person to be arrested is acting in violation of the order.

8-20      3.  Any law enforcement agency in this state may enforce a

8-21  court order issued pursuant to section 10 of this act.

8-22      Sec. 14.  1.  Upon the request of the alleged victim, the

8-23  prosecuting attorney in any trial brought against a person for a

8-24  crime established pursuant to this chapter shall inform the alleged

8-25  victim of the final disposition of the case.

8-26      2.  If the defendant is found guilty and the court issues an

8-27  order or provides a condition of his sentence restricting the ability

8-28  of the defendant to have contact with the victim or witnesses, the

8-29  clerk of the court shall:

8-30      (a) Keep a record of the order or condition of the sentence;

8-31  and

8-32      (b) Provide a certified copy of the order or condition of the

8-33  sentence to the victim and other persons named in the order.

8-34      Sec. 15.  NRS 200.591, 200.592, 200.594, 200.597, and

8-35  200.601 are hereby repealed.

 

8-36  LEADLINES OF REPEALED SECTIONS

 

8-37      200.591  Court may impose temporary or extended order to

8-38   restrict conduct of alleged perpetrator, defendant or convicted

8-39   person; penalty for violation of order; dissemination of order.

8-40      200.592  Petitioner for order: Deferment of costs and fees;

8-41   free information concerning order; no fee for serving order.

9-1  200.594  Duration of orders; dissolution or modification of

9-2  temporary order.

9-3  200.597  Order to be transmitted to law enforcement

9-4   agencies; enforcement.

9-5  200.601  Provision to victim of certain information and

9-6   documents concerning case; record of restrictions on

9-7   defendant’s conduct.

 

9-8  H