(Reprinted with amendments adopted on April 14, 2003)

 

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

 

March 14, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Provides for issuance and enforcement of temporary and extended orders against person who allegedly committed certain crimes against child. (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 for the issuance and enforcement of temporary and extended orders against a person who is alleged to have committed a certain type of crime against a child; providing specific authorization for the parent or guardian of a child to obtain such orders on behalf of the child; 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 the provisions set forth as sections 2 to 6, inclusive, of this

1-3  act.

1-4  Sec. 2.  1.  In addition to any other remedy provided by law,

1-5  the parent or guardian of a child may petition any court of

1-6  competent jurisdiction on behalf of the child for a temporary or

1-7  extended order against a person who the parent or guardian

1-8  reasonably believes has committed or is committing a crime

1-9  involving:

2-1  (a) Physical or mental injury to the child of a nonaccidental

2-2  nature; or

2-3  (b) Sexual abuse or sexual exploitation of the child.

2-4  2.  If such an order on behalf of a child is granted, the court

2-5  may direct the person who allegedly committed or is committing

2-6  the crime to:

2-7  (a) Stay away from the home, school, business or place of

2-8  employment of the child and any other location specifically named

2-9  by the court.

2-10      (b) Refrain from contacting, intimidating, threatening or

2-11  otherwise interfering with the child and any other person

2-12  specifically named by the court, who may include, without

2-13  limitation, a member of the family or the household of the child.

2-14      3.  If a defendant charged with committing a crime described

2-15  in subsection 1 is released from custody before trial or is found

2-16  guilty during the trial, the court may issue a temporary or

2-17  extended order or provide as a condition of the release or sentence

2-18  that the defendant:

2-19      (a) Stay away from the home, school, business or place of

2-20  employment of the child against whom the alleged crime was

2-21  committed and any other location specifically named by the court.

2-22      (b) Refrain from contacting, intimidating, threatening or

2-23  otherwise interfering with the child against whom the alleged

2-24  crime was committed and any other person specifically named by

2-25  the court, who may include, without limitation, a member of the

2-26  family or the household of the child.

2-27      4.  A temporary order may be granted with or without notice

2-28  to the adverse party. An extended order may be granted only after

2-29  notice to the adverse party and a hearing on the petition.

2-30      5.  If an extended order is issued by a justice’s court, an

2-31  interlocutory appeal lies to the district court, which may affirm,

2-32  modify or vacate the order in question. The appeal may be taken

2-33  without bond, but its taking does not stay the effect or enforcement

2-34  of the order.

2-35      6.  Any person who intentionally violates:

2-36      (a) A temporary order is guilty of a gross misdemeanor.

2-37      (b) An extended order is guilty of a category C felony and shall

2-38  be punished as provided in NRS 193.130.

2-39      7.  Any court order issued pursuant to this section must:

2-40      (a) Be in writing;

2-41      (b) Be personally served on the person to whom it is directed;

2-42  and

2-43      (c) Contain the warning that violation of the order:

2-44          (1) Subjects the person to immediate arrest.

3-1       (2) Is a gross misdemeanor if the order is a temporary

3-2  order.

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

3-4  Sec. 3.  1.  The payment of all costs and official fees must be

3-5  deferred for any person who petitions a court for a temporary or

3-6  extended order pursuant to section 2 of this act. After any hearing

3-7  and not later than final disposition of such an application or

3-8  order, the court shall assess the costs and fees against the adverse

3-9  party, except that the court may reduce them or waive them, as

3-10  justice may require.

3-11      2.  The clerk of the court shall provide a person who petitions

3-12  the court for a temporary or extended order pursuant to section 2

3-13  of this act and the adverse party, free of cost, with information

3-14  about the:

3-15      (a) Availability of temporary and extended orders pursuant to

3-16  section 2 of this act;

3-17      (b) Procedure for filing an application for such an order; and

3-18      (c) Right to proceed without legal counsel.

3-19      3.  A person who obtains an order pursuant to section 2 of this

3-20  act must not be charged any fee to have the order served in this

3-21  state.

3-22      Sec. 4.  1.  A temporary order issued pursuant to section 2 of

3-23  this act expires within such time, not to exceed 30 days, as the

3-24  court fixes. If a petition for an extended order is filed within the

3-25  period of a temporary order, the temporary order remains in effect

3-26  until the hearing on the extended order is held.

3-27      2.  On 2 days’ notice to the party who obtained the temporary

3-28  order, the adverse party may appear and move its dissolution or

3-29  modification, and in that event the court shall proceed to hear and

3-30  determine such motion as expeditiously as the ends of justice

3-31  require.

3-32      3.  An extended order expires within such time, not to exceed

3-33  1 year, as the court fixes. A temporary order may be converted by

3-34  the court, upon notice to the adverse party and a hearing, into an

3-35  extended order effective for not more than 1 year.

3-36      Sec. 5.  1.  Each court that issues an order pursuant to

3-37  section 2 of this act shall transmit, as soon as practicable, a copy

3-38  of the order to all law enforcement agencies within its jurisdiction.

3-39  The copy must include a notation of the date on which the order

3-40  was personally served upon the person to whom it is directed.

3-41      2.  A peace officer, without a warrant, may arrest and take

3-42  into custody a person when the peace officer has reasonable cause

3-43  to believe that:

3-44      (a) An order has been issued pursuant to section 2 of this act

3-45  to the person to be arrested;

4-1  (b) The person to be arrested has received a copy of the order;

4-2  and

4-3  (c) The person to be arrested is acting in violation of the order.

4-4  3.  Any law enforcement agency in this state may enforce a

4-5  court order issued pursuant to section 2 of this act.

4-6  Sec. 6.  1.  Upon the request of the parent or guardian of a

4-7  child, the prosecuting attorney in any trial brought against a

4-8  person for a crime described in subsection 1 of section 2 of this act

4-9  shall inform the parent or guardian of the final disposition of the

4-10  case.

4-11      2.  If the defendant is found guilty and the court issues an

4-12  order or provides a condition of his sentence restricting the ability

4-13  of the defendant to have contact with the child against whom the

4-14  crime was committed or witnesses, the clerk of the court shall:

4-15      (a) Keep a record of the order or condition of the sentence;

4-16  and

4-17      (b) Provide a certified copy of the order or condition of the

4-18  sentence to the parent or guardian of the child and other persons

4-19  named in the order.

4-20      Sec. 7.  NRS 4.370 is hereby amended to read as follows:

4-21      4.370  1.  Except as otherwise provided in subsection 2,

4-22  justices’ courts have jurisdiction of the following civil actions and

4-23  proceedings and no others except as otherwise provided by specific

4-24  statute:

4-25      (a) In actions arising on contract for the recovery of money only,

4-26  if the sum claimed, exclusive of interest, does not exceed $7,500.

4-27      (b) In actions for damages for injury to the person, or for taking,

4-28  detaining or injuring personal property, or for injury to real property

4-29  where no issue is raised by the verified answer of the defendant

4-30  involving the title to or boundaries of the real property, if the

4-31  damage claimed does not exceed $7,500.

4-32      (c) Except as otherwise provided in paragraph (l) in actions for a

4-33  fine, penalty or forfeiture not exceeding $7,500, given by statute or

4-34  the ordinance of a county, city or town, where no issue is raised by

4-35  the answer involving the legality of any tax, impost, assessment, toll

4-36  or municipal fine.

4-37      (d) In actions upon bonds or undertakings conditioned for the

4-38  payment of money, if the sum claimed does not exceed $7,500,

4-39  though the penalty may exceed that sum. Bail bonds and other

4-40  undertakings posted in criminal matters may be forfeited regardless

4-41  of amount.

4-42      (e) In actions to recover the possession of personal property, if

4-43  the value of the property does not exceed $7,500.

5-1  (f) To take and enter judgment on the confession of a defendant,

5-2  when the amount confessed, exclusive of interest, does not exceed

5-3  $7,500.

5-4  (g) Of actions for the possession of lands and tenements where

5-5  the relation of landlord and tenant exists, when damages claimed do

5-6  not exceed $7,500 or when no damages are claimed.

5-7  (h) Of actions when the possession of lands and tenements has

5-8  been unlawfully or fraudulently obtained or withheld, when

5-9  damages claimed do not exceed $7,500 or when no damages are

5-10  claimed.

5-11      (i) Of suits for the collection of taxes, where the amount of the

5-12  tax sued for does not exceed $7,500.

5-13      (j) Of actions for the enforcement of mechanics’ liens, where the

5-14  amount of the lien sought to be enforced, exclusive of interest, does

5-15  not exceed $7,500.

5-16      (k) Of actions for the enforcement of liens of owners of facilities

5-17  for storage, where the amount of the lien sought to be enforced,

5-18  exclusive of interest, does not exceed $7,500.

5-19      (l) In actions for a fine imposed for a violation of NRS 484.757.

5-20      (m) Except in a judicial district that includes a county whose

5-21  population is 100,000 or more, in any action for the issuance of a

5-22  temporary or extended order for protection against domestic

5-23  violence.

5-24      (n) In an action for the issuance of a temporary or extended

5-25  order for protection against harassment in the workplace pursuant to

5-26  NRS 33.200 to 33.360, inclusive.

5-27      (o) In small claims actions under the provisions of chapter 73 of

5-28  NRS.

5-29      (p) In actions to contest the validity of liens on mobile homes or

5-30  manufactured homes.

5-31      (q) In any action pursuant to NRS 200.591 for the issuance of a

5-32  protective order against a person alleged to be committing the crime

5-33  of stalking, aggravated stalking or harassment.

5-34      (r) In any action for the issuance of a temporary or extended

5-35  order pursuant to section 2 of this act.

5-36      2.  The jurisdiction conferred by this section does not extend to

5-37  civil actions, other than for forcible entry or detainer, in which the

5-38  title of real property or mining claims or questions affecting the

5-39  boundaries of land are involved.

5-40      3.  Justices’ courts have jurisdiction of all misdemeanors and no

5-41  other criminal offenses except as otherwise provided by specific

5-42  statute. Upon approval of the district court, a justice’s court may

5-43  transfer original jurisdiction of a misdemeanor to the district court

5-44  for the purpose of assigning an offender to a program established

5-45  pursuant to NRS 176A.250.

6-1  4.  Except as otherwise provided in subsections 5 and 6, in

6-2  criminal cases the jurisdiction of justices of the peace extends to the

6-3  limits of their respective counties.

6-4  5.  In the case of any arrest made by a member of the Nevada

6-5  Highway Patrol, the jurisdiction of the justices of the peace extends

6-6  to the limits of their respective counties and to the limits of all

6-7  counties which have common boundaries with their respective

6-8  counties.

6-9  6.  Each justice’s court has jurisdiction of any violation of a

6-10  regulation governing vehicular traffic on an airport within the

6-11  township in which the court is established.

 

6-12  H