Amendment No. 142

 

Assembly Amendment to Assembly Bill No. 160                                                                  (BDR 3‑160)

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 the bill as a whole by deleting sections 1 through 16, renumbering sections 17 through 21 as sections 3 through 7 and adding new sections designated sections 1 and 2, following the enacting clause, to read as follows:

     “Section 1. Chapter 33 of NRS is hereby amended by adding thereto a new section to read as follows:

     1.  If a court issues an extended order which includes an order for the support of a minor child, the court shall order the adverse party to assign to the party who obtained the extended order that portion of the income of the adverse party which is due or to become due and is sufficient to pay the amount ordered by the court for the support, unless the court finds good cause for the postponement of the assignment. A finding of good cause must be based upon a written finding by the court that the immediate assignment of income would not be in the best interests of the child.

     2.  An assignment of income ordered pursuant to subsection 1 is subject to the provisions of chapters 31A and 125B of NRS.

     3.  The Welfare Division of the Department of Human Resources, in consultation with the Judicial Council of the State of Nevada and other interested governmental entities, shall develop procedures and forms to allow a person to whom an assignment is ordered to be made to enforce the assignment in an expeditious and safe manner.

     Sec. 2. NRS 33.017 is hereby amended to read as follows:

     33.017  As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:

     1.  “Extended order” means an extended order for protection against domestic violence.

     2.  “Temporary order” means a temporary order for protection against domestic violence.”.

Amend sec. 18, page 6, line 20, by deleting:

19 to 26,” and inserting:

5 to 13,”.

     Amend sec. 19, page 6, by deleting lines 22 through 24 and inserting:

     “Sec. 5. As used in sections 5 to 13, inclusive, of this act, the words and terms defined in sections 6 to 9, inclusive, of this act have the meanings ascribed to them in those sections.”.

     Amend the bill as a whole by renumbering sections 22 through 28 as sections 9 through 15, and adding a new section, designated sec. 8, following sec. 21, to read as follows:

     Sec. 8.  “Victim” means a person who alleges that an act of domestic violence or sexual assault has been committed against the person.”.

     Amend sec. 22, page 6, by deleting lines 30 and 31 and inserting:

a nonprofit program that provides assistance to victims with or without compensation”.

     Amend sec. 23, page 6, by deleting lines 33 through 35 and inserting:

     “Sec. 10. 1.  A communication shall be deemed to be confidential if the communication is between a victim and a victim’s advocate and is not intended to be”.

     Amend sec. 23, page 6, line 37, by deleting “1.” and inserting “(a)”.

     Amend sec. 23, page 6, line 39, by deleting “2.” and inserting “(b)”.

     Amend sec. 23, page 6, line 41, by deleting “3.” and inserting “(c)”.

     Amend sec. 23, page 6, following line 43, by inserting:

     “2.  As used in this section, “communication” includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of:

     (a) The victim’s advocate; or

     (b) The nonprofit program for whom the victim’s advocate works.”.

     Amend sec. 24, page 6, line 44, by deleting “26” and inserting “13”.

     Amend sec. 24, page 6, by deleting line 45 and inserting:

act, a victim who seeks”.

     Amend sec. 24, page 7, line 4, by deleting “23” and inserting “10”.

     Amend sec. 25, page 7, line 5, by deleting “24” and inserting “11”.

     Amend sec. 25, page 7, by deleting line 7 and inserting:

     “(a) The victim;”.

     Amend sec. 26, page 7, line 13, by deleting “24” and inserting “11”.

     Amend sec. 27, page 7, lines 33, 37 and 43, by deleting:

sections 3 to 16, inclusive,” and inserting “section 1”.

     Amend sec. 28, page 8, line 34, deleting:

sections 3 to 16, inclusive,” and inserting “section 1”.

     Amend the title of the bill to read as follows:

“AN ACT relating to persons in need of protection; requiring a court to order an assignment of income in an extended order if the order includes an order for support of a child in certain circumstances; authorizing a court to seal records and waive publication concerning a change of name when the person proves that his personal safety is at risk; providing for privileged communications between victims of domestic violence or sexual assault and their advocates; and providing other matters properly relating thereto.”.