Assembly Bill No. 448–Committee on Judiciary

 

(On Behalf of the Attorney General)

 

March 21, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Clarifies provisions governing arrest involving violation of order for protection against domestic violence. (BDR 3‑448)

 

FISCAL NOTE:  Effect on Local Government: Yes.

                           Effect on the State: No.

 

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

 

AN ACT relating to domestic violence; clarifying the provisions governing an arrest involving a violation of an order for protection against domestic violence; 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. NRS 33.070 is hereby amended to read as follows:

1-2  33.070  1.  Every temporary or extended order must include a

1-3  provision ordering any law enforcement officer to arrest an adverse

1-4  party if the officer has probable cause to believe that the adverse

1-5  party has violated any provision of the order. The law enforcement

1-6  officer may make an arrest with or without a warrant and

1-7  regardless of whether the violation occurs in his presence.

1-8  2.  If a law enforcement officer cannot verify that the adverse

1-9  party was served with a copy of the application and order, he shall:

1-10      (a) Inform the adverse party of the specific terms and conditions

1-11  of the order;

1-12      (b) Inform the adverse party that he now has notice of the

1-13  provisions of the order and that a violation of the order will result in

1-14  his arrest; and

2-1  (c) Inform the adverse party of the location of the court that

2-2  issued the original order and the hours during which the adverse

2-3  party may obtain a copy of the order.

2-4  3.  Information concerning the terms and conditions of the

2-5  order, the date and time of the notice provided to the adverse party

2-6  and the name and identifying number of the officer who gave the

2-7  notice must be provided in writing to the applicant and noted in the

2-8  records of the law enforcement agency and the court.

2-9  Sec. 2.  NRS 171.124 is hereby amended to read as follows:

2-10      171.124  1.  Except as otherwise provided in subsection 3 and

2-11  NRS 33.070 and 33.320, a peace officer or an officer of the Drug

2-12  Enforcement Administration designated by the Attorney General of

2-13  the United States for that purpose may make an arrest in obedience

2-14  to a warrant delivered to him, or may, without a warrant, arrest a

2-15  person:

2-16      (a) For a public offense committed or attempted in his presence.

2-17      (b) When a person arrested has committed a felony or gross

2-18  misdemeanor, although not in his presence.

2-19      (c) When a felony or gross misdemeanor has in fact been

2-20  committed, and he has reasonable cause for believing the person

2-21  arrested to have committed it.

2-22      (d) On a charge made, upon a reasonable cause, of the

2-23  commission of a felony or gross misdemeanor by the person

2-24  arrested.

2-25      (e) When a warrant has in fact been issued in this state for the

2-26  arrest of a named or described person for a public offense, and he

2-27  has reasonable cause to believe that the person arrested is the person

2-28  so named or described.

2-29      2.  He may also, at night, without a warrant, arrest any person

2-30  whom he has reasonable cause for believing to have committed a

2-31  felony or gross misdemeanor, and is justified in making the arrest,

2-32  though it afterward appear that a felony or gross misdemeanor has

2-33  not been committed.

2-34      3.  An officer of the Drug Enforcement Administration may

2-35  only make an arrest pursuant to subsections 1 and 2 for a violation

2-36  of chapter 453 of NRS.

2-37      Sec. 3.  This act becomes effective upon passage and approval.

 

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