SUMMARY--Makes various changes concerning domestic violence. (BDR 14-571)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to domestic violence; requiring certain persons to transmit certain information regarding orders for protection against domestic violence to the central repository for Nevada records of criminal history; authorizing a justice of the peace and a municipal court judge to suspend the sentence of a person convicted of a misdemeanor that constitutes domestic violence for not more than 3 years under certain circumstances; making various changes concerning the penalties imposed for committing a battery that constitutes domestic violence; requiring a court to register certain orders for protection against domestic violence issued by a court located outside this state; creating the office of ombudsman for victims of domestic violence; creating an account for programs related to domestic violence; requiring the appointment of a committee on domestic violence; providing a penalty; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
~^
Section 1 The legislature hereby finds and declares that:
1. There is a critical public need to ensure the effective prosecution of persons who commit acts of domestic violence in this state.
2. The laws of this state require amendment to improve the prosecution of crimes involving domestic violence.
3. The high recidivism rate for the crimes of battery, sexual assault and stalking when committed against the spouse, child or relative of the offender or other person who the offender is or was dating indicates that alternative sentencing procedures for such crimes are necessary.
4. Mandatory training of judges in this state regarding the societal aspects of the crimes related to domestic violence is desirable and warrants an amendment to the supreme court rules requiring that such training be provided to each judge within 6 months after the judge takes office and annually at the meeting of the Nevada Judges' Association. The office of the attorney general should provide the training. Any cost associated with the training should be allocated from the operating budget of the office of the attorney general.
Sec. 2 NRS 171.1225 is hereby amended to read as follows:
171.1225 1. When investigating an act of domestic violence, a peace officer shall:
(a) Make a good faith effort to explain the provisions of NRS 171.137 pertaining to domestic violence and advise victims of all reasonable means to prevent further abuse, including advising each person of the availability of a shelter or other services in the community.
(b) Provide a person suspected of being the victim of an act of domestic violence with a written copy of the following statements:
(1) My name is officer ......................... (naming the investigating officer). Nevada law requires me to inform you of the following information.
(2) If I have probable cause to believe that a battery has been committed against you , [or] your minor child or the minor child of the person believed to have committed the battery in the last 24 hours by your spouse, your former spouse, [a] any other person to whom you are related by blood [,] or marriage, a person with whom you are or were actually residing , a person with whom you have had or are having a dating relationship or a person with whom you have a child in common, I am required, unless mitigating circumstances exist, to arrest the person suspected of committing the act.
(3) If I am unable to arrest the person suspected of committing the battery, you have the right to request that the prosecutor file a criminal complaint against the person. I can provide you with information on this procedure. If convicted, the person who committed the battery may be placed on probation, ordered to see a counselor, put in jail or fined.
(4) The law provides that you may seek a court order for the protection of you or your minor children against further threats or acts of domestic violence. You do not need to hire a lawyer to obtain such an order for protection.
(5) An order for protection may require the person who committed or threatened the act of domestic violence against you to:
(I) Stop threatening, harassing or injuring you or your children;
(II) Move out of your residence;
(III) Stay away from your place of employment;
(IV) Stay away from the school attended by your children;
(V) Stay away from any place you or your children regularly go; and
(VI) Avoid or limit all communication with you or your children.
(6) A court may make future orders for protection which award you custody of your children and require the person who committed or threatened the act of domestic violence against you to pay:
(I) The rent or mortgage due on the place in which you live;
(II) The amount of money necessary for the support of your children; and
(III) Part or all of the costs incurred by you in obtaining the order for protection.
(7) To get an order for protection, go to room number ....... (state the room number of the office at the court) at the court, which is located at ......................... (state the address of the court). Ask the clerk of the court to provide you with the forms for an order of protection.
(8) If the person who committed or threatened the act of domestic violence against you violates the terms of an order for protection, he may be arrested.
(9) You may obtain emergency assistance or shelter by contacting your local program against domestic violence at ......................... (state name, address and telephone number of local program) or you may call, without charge to you, the statewide program against domestic violence at ........................ (state toll-free telephone number of statewide program).
2. As used in this section, "act of domestic violence" means any of the following acts committed by a person against [another] his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing [or] , a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, [or upon his] the minor child of any of those persons or [a] his minor child : [of that person:]
(a) A battery.
(b) An assault.
(c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(d) A sexual assault.
(e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(1) Stalking.
(2) Arson.
(3) Trespassing.
(4) Larceny.
(5) Destruction of private property.
(6) Carrying a concealed weapon without a permit.
(f) False imprisonment.
(g) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other from the entry.
3. The failure of a peace officer to carry out the requirements set forth in subsection 1 is not a defense in a criminal prosecution for the commission of an act of domestic violence, nor may such an omission be considered as negligence or as causation in any civil action against the peace officer or his employer.
4. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 3 NRS 171.137 is hereby amended to read as follows:
171.137 1. Except as otherwise provided in subsection 2, whether or not a warrant has been issued, a peace officer shall, unless mitigating circumstances exist, arrest a person when he has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon his spouse, former spouse, [a] any other person to whom he is related by blood [,] or marriage, a person with whom he is or was actually residing [or] , a person with whom he has had or is having a dating relationship, a person with whom he has a child in common, [his] the minor child of any of those persons or [a] his minor child . [of that person.]
2. If the peace officer has probable cause to believe that a battery described in subsection 1 was a mutual battery, he shall attempt to determine which person was the primary physical aggressor. If the peace officer determines that one of the persons who allegedly [committing] committed a battery was the primary physical aggressor involved in the incident, the peace officer is not required to arrest any other person believed to have committed a battery during the incident. In determining whether a person is a primary physical aggressor for the purposes of this subsection, the peace officer shall consider:
(a) Prior domestic violence involving either person;
(b) The relative severity of the injuries inflicted upon the persons involved;
(c) The potential for future injury;
(d) Whether one of the alleged batteries was committed in self-defense; and
(e) Any other factor [which helps] that may help the peace officer decide which person [is] was the primary physical aggressor.
3. A peace officer shall not base his decision regarding whether to arrest a person pursuant to this section on his perception of the willingness of a victim or a witness to the incident to testify or otherwise participate in related judicial proceedings.
4. When a peace officer investigates such a battery, whether or not an arrest is made, he shall prepare and submit a written report of the alleged battery to his supervisor or other person designated by his employer to receive reports regarding similar allegations. He shall include in his report, if applicable:
(a) His reasons for determining that one of the persons involved in a mutual battery was the primary physical aggressor; and
(b) Any mitigating circumstances which prevented him from making an arrest pursuant to subsection 1,
and forward a copy of the report to the [department of motor vehicles and public safety.] central repository for Nevada records of criminal history.
5. The [department] central repository shall compile statistics from these reports and make the statistics available as a public record detailing the number of investigations and arrests made pursuant to this section and the nature of any mitigating circumstances which prevented an arrest.
6. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 4 NRS 179.245 is hereby amended to read as follows:
179.2451. Except as [other times and procedures are] otherwise provided in NRS 453.3365, a person who has been convicted of:
(a) Any felony may, after 15 years from the date of his conviction or, if he is imprisoned, from the date of his release from actual custody;
(b) Any gross misdemeanor may, after 10 years from the date of his conviction or release from custody;
(c) A violation of NRS 484.379 other than a felony , or a violation of a battery which constitutes domestic violence pursuant to NRS 33.018 other than a felony may, after 7 years from the date of his conviction or release from custody; or
(d) Any other misdemeanor may, after 5 years from the date of his conviction or release from custody,
petition the court in which the conviction was obtained for the sealing of all records relating to the conviction. The petition must be accompanied by a current, certified record of the petitioner's criminal history received from the central repository for Nevada records of criminal history.
2. The court shall notify the district attorney of the county in which the conviction was obtained, and the district attorney and any person having relevant evidence may testify and present evidence at the hearing on the petition.
3. If after the hearing the court finds that, in the period prescribed in subsection 1, the petitioner has not been arrested, except for minor moving or standing traffic violations, the court may order sealed all records of the conviction which are in the custody of the court, of another court in the State of Nevada or of a public or private agency, company or official in the State of Nevada, and may also order all such criminal identification records of the petitioner returned to the file of the court where the proceeding was commenced from, but not limited to, the Federal Bureau of Investigation, the California identification and investigation bureau, sheriffs' offices and all other law enforcement agencies reasonably known by either the petitioner or the court to have possession of such records.
Sec. 5 NRS 3.223 is hereby amended to read as follows:
3.223 1. Except if the child involved is subject to the jurisdiction of an Indian tribe pursuant to the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.), in each judicial district in which it is established, the family court has original, exclusive jurisdiction in any proceeding:
(a) Brought pursuant to chapter 62, 123, 125, 125A, 125B, 126, 127, 128, 129, 130, 159, 425 or 432B of NRS.
(b) Brought pursuant to chapter 31A of NRS, except to the extent that NRS 31A.010 authorizes the use of any other judicial or administrative procedure to facilitate the collection of an obligation for support.
(c) Brought pursuant to NRS 442.255 and 442.2555 to request the court to issue an order authorizing an abortion.
(d) For judicial approval of the marriage of a minor.
(e) Otherwise within the jurisdiction of the juvenile court.
(f) To establish the date of birth, place of birth or parentage of a minor.
(g) To change the name of a minor.
(h) For a judicial declaration of the sanity of a minor.
(i) To approve the withholding or withdrawal of life-sustaining procedures from a person as authorized by law.
(j) Brought pursuant to NRS 433A.200 to 433A.330, inclusive, for an involuntary court-ordered admission to a mental health facility.
2. The family court, where established, and the justices' court have concurrent jurisdiction over actions for the issuance of a temporary or extended order for protection against domestic violence.
3. The family court, where established, and the district court, have concurrent jurisdiction over any action for damages brought pursuant to section 16 of this act by a person who suffered injury as the proximate result of an act that constitutes domestic violence.
Sec. 6 NRS 4.373 is hereby amended to read as follows:
4.3731. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a justice of the peace may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The justice of the peace may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the justice of the peace.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the justice of the peace may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the justice of the peace.
3. The justice of the peace may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the justice of the peace, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 7 NRS 4.3762 is hereby amended to read as follows:
4.3762 1. [In] Except as otherwise provided in subsection 5, in lieu of imposing any punishment other than a minimum sentence mandated by statute, a justice of the peace may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the justice of the peace shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the justice of the peace shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the justice of the peace; and
(b) Require intensive supervision of the convicted person, including , without limitation, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [person's] activities of the person while inside his residence,
must not be used.
4. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
5. The justice of the peace shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the justice of the peace makes a finding that the person is not likely to pose a threat to the victim of the battery.
Sec. 8 NRS 5.055 is hereby amended to read as follows:
5.0551. Except as otherwise provided in subsection 2, by specific statute or unless the suspension of a sentence is expressly forbidden, a municipal judge may suspend, for not more than 1 year, the sentence of a person convicted of a misdemeanor. The municipal judge may order, as a condition of suspension, that the offender:
(a) Make restitution to the owner of any property that is lost, damaged or destroyed as a result of the commission of the offense;
(b) Engage in a program of work for the benefit of the community, for not more than 200 hours;
(c) Actively participate in a program of professional counseling at the expense of the offender;
(d) Abstain from the use of alcohol and controlled substances;
(e) Refrain from engaging in any criminal activity; and
(f) Engage or refrain from engaging in any other conduct deemed appropriate by the municipal judge.
2. If a person is convicted of a misdemeanor that constitutes domestic violence pursuant to NRS 33.018, the municipal judge may, after the person has served any mandatory minimum period of confinement, suspend the remainder of the sentence of the person for not more than 3 years upon the condition that the person actively participate in:
(a) A program of treatment for the abuse of alcohol or drugs which is certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation;
(b) A program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act; or
(c) Both programs set forth in paragraphs (a) and (b),
and that he comply with any other condition of suspension ordered by the municipal judge.
3. The municipal judge may order reports [, from such persons and] from a person whose sentence is suspended at such times as he deems appropriate [,] concerning the offender's compliance with the conditions of suspension. If the offender complies with the conditions of suspension to the satisfaction of the municipal judge, the sentence may be reduced to not less than the minimum period of confinement established for the offense.
Sec. 9 NRS 5.076 is hereby amended to read as follows:
5.076 1. [In] Except as otherwise provided in subsection 5, in lieu of imposing any punishment other than a minimum sentence mandated by statute, a municipal judge may sentence a person convicted of a misdemeanor to a term of residential confinement. In making this determination, the municipal judge shall consider the criminal record of the defendant and the seriousness of the crime committed.
2. In sentencing a convicted person to a term of residential confinement, the municipal judge shall:
(a) Require the defendant to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the municipal judge; and
(b) Require intensive supervision of the convicted person, including , without limitation, electronic surveillance and unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his sentence.
3. An electronic device approved by the division of parole and probation of the department of motor vehicles and public safety may be used to supervise a convicted person sentenced to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [person's] presence of the person at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [person's] activities of the person while inside his residence,
must not be used.
4. A term of residential confinement, together with the term of any minimum sentence mandated by statute, may not exceed the maximum sentence which otherwise could have been imposed for the offense.
5. The municipal judge shall not sentence a person convicted of committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement in lieu of imprisonment unless the municipal judge makes a finding that the person is not likely to pose a threat to the victim of the battery.
Sec. 10 Chapter 33 of NRS is hereby amended by adding thereto a new section to read as follows:
Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, he shall cause to be transmitted, in the manner prescribed by the central repository for Nevada records of criminal history, any information required by the central repository in a manner which ensures that the information is received by the central repository by the end of the next business day.
Sec. 11 NRS 33.017 is hereby amended to read as follows:
33.017As used in NRS 33.017 to 33.100, inclusive, and section 10 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.
Sec. 12 NRS 33.018 is hereby amended to read as follows:
33.0181. Domestic violence occurs when a person commits one of the following acts against or upon [another] his spouse, former spouse, any other person to whom he is related by blood or marriage, a person with whom he is or was actually residing, a person with whom he has had or is having a dating relationship [or] , a person with whom he has a child in common, [or upon his] the minor child of any of those persons or [a] his minor child : [of that person:]
[1.] (a) A battery.
[2.] (b) An assault.
[3.] (c) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
[4.] (d) A sexual assault.
[5.] (e) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
[(a)] (1) Stalking.
[(b)] (2) Arson.
[(c)] (3) Trespassing.
[(d)] (4) Larceny.
[(e)] (5) Destruction of private property.
[(f)] (6) Carrying a concealed weapon without a permit.
[6.] (f) A false imprisonment.
[7.] (g) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other from the entry.
2. As used in this section, "dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
Sec. 13 NRS 33.020 is hereby amended to read as follows:
33.0201. If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, the court may grant a temporary or extended order for protection against domestic violence. A temporary or extended order for protection against domestic violence must not be granted to the applicant or the adverse party unless he has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2. The court may require the applicant or the adverse party, or both, to appear before it before determining whether to grant the temporary or extended order.
3. A temporary order may be granted with or without notice to the adverse party. An extended order may only be granted after notice to the adverse party and a hearing on the application.
4. The court shall rule upon an application for a temporary order within 1 judicial day after it is filed.
5. If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporary order for protection against domestic violence. Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody. Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to a facsimile machine. If such an order is received by the facility holding the alleged perpetrator while he is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released. The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.
6. In a county whose population is 400,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
7. In a county whose population is less than 400,000, the court may be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to receive communications by telephone and for the issuance of a temporary order for protection against domestic violence pursuant to subsection 5.
8. The clerk of the court shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to section 10 of this act.
Sec. 14 NRS 33.070 is hereby amended to read as follows:
33.070 1. Every temporary or extended order must include a provision ordering any law enforcement officer [who witnesses a violation of] to arrest an adverse party if the officer has probable cause to believe that the adverse party has violated any provision of the order . [to arrest the adverse party.]
2. If a law enforcement officer cannot verify that the adverse party was served with a copy of the application and order, he shall:
(a) Inform the adverse party of the specific terms and conditions of the order; [and]
(b) Inform the adverse party that he now has notice of the provisions of the order and that a violation of the order will result in his arrest [.] ; and
(c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order.
3. Information concerning the terms and conditions of the order, the date and time of the notice provided to the adverse party and the name and identifying number of the officer who [gives] gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.
Sec. 15 NRS 33.090 is hereby amended to read as follows:
33.090 [Upon]
1. A person may apply to a court of this state to register an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States by presenting a certified copy of the order to the clerk of the court in a judicial district in which the person believes that enforcement may be necessary.
2. Except as otherwise provided in subsection 4, upon application by the protected party [,] pursuant to subsection 1, a court of competent jurisdiction in this state shall [accept an order for protection against domestic violence issued by a court of another state as evidence of the facts on which it is based and shall issue its own temporary or extended order as those facts may warrant.] register such an order if:
(a) The court determines that the issuing court had proper jurisdiction over the parties and the subject matter under the laws of the state, territory or tribe; and
(b) The court determines that the adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an ex parte order, the adverse party was given reasonable notice and an opportunity to be heard as soon as possible after the order was issued.
3. An order that is registered has the same effect and must be enforced in like manner as an order for protection against domestic violence issued by a court of this state.
4. If the order for protection against domestic violence issued by the court of another state, territory or Indian tribe was a mutual order for protection against domestic violence and:
(a) No counter or cross-petition was filed seeking such protection order;
(b) A counter or cross-petition was filed and the court did not make a specific finding of domestic violence by both parties; or
(c) The person who is applying to register the order has violated a law of the State of Nevada relating to a different protection order issued against him,
the court may refuse to register and enforce the order and may determine whether to issue its own temporary or extended order.
5. A temporary or extended order of another state, territory or Indian tribe presented pursuant to this section which appears authentic on its face must be presumed valid.
6. A court, law enforcement officer or any other person who enforces an order for protection against domestic violence based upon a reasonable belief that the order is valid is immune from civil liability for any action taken based on that belief.
7. The clerk of the court shall maintain a record of each order registered pursuant to this section.
8. The clerk shall not charge a fee for an application to register or for registering an order pursuant to this section.
9. The clerk shall inform the protected party upon the successful transfer of information concerning the registration to the central repository for Nevada records of criminal history as required pursuant to section 10 of this act.
Sec. 16 Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
A person who has suffered injury as the proximate result of an act that constitutes domestic violence pursuant to NRS 33.018 may bring an action to recover for his actual damages, including, without limitation, damage to any real or personal property. If the person who suffered injury prevails in such an action the court shall award him costs and reasonable attorney's fees.
Sec. 17 NRS 41.135 is hereby amended to read as follows:
41.135A person who is convicted of committing or attempting to commit [a felony or a juvenile who is adjudicated delinquent for committing or attempting to commit an]
1. A felony;
2. An act that would have been a felony if committed by an adult ; or
3. A misdemeanor or gross misdemeanor that constitutes domestic violence pursuant to NRS 33.018,
may not bring an action against the victim or the [victim's] estate of the victim for injuries sustained by the offender or damage to property of the offender that occurred [in] during the course of the [felony] crime or delinquent act.
Sec. 18 Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Unless a greater penalty is provided pursuant to NRS 200.481, a person convicted of a battery that constitutes domestic violence pursuant to NRS 33.018:
(a) For the first offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120 hours, of community service.
The person shall be further punished by a fine of not less than $200, but not more than $1,000. A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur either at a time when the person is not required to be at his place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7 years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200 hours, of community service.
The person shall be further punished by a fine of not less than $500, but not more than $1,000.
(c) For the third and any subsequent offense within the immediately preceding 7 years, is guilty of a category C felony and shall be punished as provided in NRS 193.130.
2. In addition to any other penalty, if a person is convicted of a battery which constitutes domestic violence pursuant to NRS 33.018, the court shall:
(a) For the first offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act.
(b) For the second offense within the immediately preceding 7 years, require him to participate in weekly counseling sessions of not less than 1 1/2 hours per week for 12 months, at his own expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to section 30 of this act.
3. In addition to any other fine or penalty, the court shall order such a person to pay an administrative assessment of $35. Any money so collected must be paid by the clerk of the court to the state treasurer on or before the fifth day of each month for the preceding month for credit to the account for programs related to domestic violence established pursuant to section 29 of this act.
4. In addition to any other penalty, the court may require such a person to participate, at his own expense, in a program of treatment for the abuse of alcohol or drugs that has been certified by the bureau of alcohol and drug abuse of the rehabilitation division of the department of employment, training and rehabilitation.
5. If a person is charged with committing a battery which constitutes domestic violence pursuant to NRS 33.018, a prosecuting attorney shall not dismiss such a charge in exchange for a plea of guilty, guilty but mentally ill or nolo contendere to a lesser charge or for any other reason unless he knows, or it is obvious, that the charge is not supported by probable cause or cannot be proved at the time of trial. A court shall not grant probation to and except as otherwise provided in NRS 4.373 and 5.055, a court shall not suspend the sentence of such a person.
6. For the purposes of this section:
(a) "Battery" has the meaning ascribed to it in paragraph (a) of subsection 1 of NRS 200.481; and
(b) "Offense" includes a battery which constitutes domestic violence pursuant to NRS 33.018 or a violation of the law of any other jurisdiction that prohibits the same or similar conduct.
Sec. 19 NRS 200.481 is hereby amended to read as follows:
200.481 1. As used in this section:
(a) "Battery" means any willful and unlawful use of force or violence upon the person of another.
(b) "Child" means a person less than 18 years of age.
(c) "Officer" means:
(1) A person who possesses some or all of the powers of a peace officer;
(2) A person employed in a full-time salaried occupation of fire fighting for the benefit or safety of the public;
(3) A member of a volunteer fire department;
(4) A jailer, guard, matron or other correctional officer of a city or county jail or detention facility; or
(5) A justice of the supreme court, district judge, justice of the peace, municipal judge, magistrate, court commissioner, master or referee, including, without limitation, a person acting pro tempore in a capacity listed in this subparagraph.
(d) "School employee" means a licensed or unlicensed person employed by a board of trustees of a school district pursuant to NRS 391.100.
(e) "Transit operator" means a person who operates a bus or other vehicle as part of a public mass transportation system.
2. [A] Except as otherwise provided in section 18 of this act, a person convicted of a battery, other than a battery committed by an adult upon a child which constitutes child abuse, shall be punished:
(a) If the battery is not committed with a deadly weapon, and no substantial bodily harm to the victim results, except under circumstances where a greater penalty is provided in paragraph (d) or in NRS 197.090, for a misdemeanor. [If the battery is committed upon his spouse, former spouse, a person to whom he is related by blood, a person with whom he is or was actually residing, with whom he had or is having a dating relationship or with whom he has a child in common, his minor child or a minor child of that person, the court, as a part of the sentence imposed, may require the person to participate in and complete a program of counseling to prevent abuse of his family.]
(b) If the battery is not committed with a deadly weapon, and substantial bodily harm to the victim results, for a category C felony as provided in NRS 193.130.
(c) If the battery is committed upon an officer, school employee or transit operator and:
(1) The officer, school employee or transit operator was performing his duty;
(2) The officer, school employee or transit operator suffers substantial bodily harm; and
(3) The person charged knew or should have known that the victim was an officer, school employee or transit operator,
for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, or by a fine of not more than $10,000, or by both fine and imprisonment.
(d) If the battery is committed upon an officer, school employee or transit operator who is performing his duty and the person charged knew or should have known that the victim was an officer, school employee or transit operator, for a gross misdemeanor, except under circumstances where a greater penalty is provided in this section.
(e) If the battery is committed with the use of a deadly weapon, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years, and may be further punished by a fine of not more than $10,000.
(f) If the battery is committed by a prisoner who is in lawful custody or confinement, without the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years.
(g) If the battery is committed by a prisoner who is in lawful custody or confinement with the use of a deadly weapon, whether or not substantial bodily harm results, for a category B felony by imprisonment in the state prison for a minimum term of not less than 2 years and a maximum term of not more than 10 years.
Sec. 20 NRS 209.429 is hereby amended to read as follows:
209.429 1. [The] Except as otherwise provided in subsection 6, the director shall assign an offender to the custody of the division of parole and probation of the department of motor vehicles and public safety to serve a term of residential confinement, pursuant to NRS 213.380, for not longer than the remainder of the maximum term of his sentence if:
(a) The offender has:
(1) Established a position of employment in the community;
(2) Enrolled in a program for education or rehabilitation; or
(3) Demonstrated an ability to pay for all or part of the costs of his confinement and to meet any existing obligation for restitution to any victim of his crime;
(b) The offender has successfully completed the initial period of treatment required under the program of treatment established pursuant to NRS 209.425; and
(c) The director believes that the offender will be able to:
(1) Comply with the terms and conditions required under residential confinement; and
(2) Complete successfully the remainder of the program of treatment while under residential confinement.
If an offender assigned to the program of treatment pursuant to NRS 209.427, completes the initial phase of the program and thereafter refuses to enter the remainder of the program of treatment pursuant to this section, the offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before this refusal, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding such a forfeiture is final.
2. Before a person may be assigned to serve a term of residential confinement pursuant to this section, he must submit to the division of parole and probation a signed document stating that:
(a) He will comply with the terms or conditions of his residential confinement; and
(b) If he fails to comply with the terms or conditions of his residential confinement and is taken into custody outside of this state, he waives all his rights relating to extradition proceedings.
3. If an offender assigned to the custody of the division of parole and probation pursuant to this section escapes or violates any of the terms or conditions of his residential confinement:
(a) The division of parole and probation may, pursuant to the procedure set forth in NRS 213.410, return the offender to the custody of the department of prisons.
(b) The offender forfeits all or part of the credits earned by him to reduce his sentence pursuant to this chapter before the escape or violation, as determined by the director. The director may provide for a forfeiture of credits pursuant to this paragraph only after proof of the offense and notice to the offender, and may restore credits forfeited for such reasons as he considers proper. The decision of the director regarding forfeiture of credits is final.
4. The assignment of an offender to the custody of the division of parole and probation pursuant to this section shall be deemed:
(a) A continuation of his imprisonment and not a release on parole; and
(b) For the purposes of NRS 209.341, an assignment to a facility of the department of prisons,
except that the offender is not entitled to obtain any benefits or to participate in any programs provided to offenders in the custody of the department of prisons.
5. A person does not have a right to be assigned to the custody of the division of parole and probation pursuant to this section, or to remain in that custody after such an assignment, and it is not intended that the provisions of this section or of NRS 213.371 to 213.410, inclusive, create any right or interest in liberty or property or establish a basis for any cause of action against the state, its political subdivisions, agencies, boards, commissions, departments, officers or employees.
6. The director shall not assign an offender who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to the custody of the division of parole and probation to serve a term of residential confinement unless the director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
Sec. 21 NRS 209.501 is hereby amended to read as follows:
209.501 1. The director may grant temporary furloughs consistent with classification evaluations and requirements:
(a) To permit offenders to:
(1) Be interviewed by prospective employers;
(2) Respond to family emergencies; or
(3) Participate in other approved activities.
(b) For such other purposes as may be deemed appropriate by the director with the approval of the board.
2. Furloughs:
(a) Are limited to the confines of the state.
(b) [Shall] Must not be granted to offenders:
(1) Sentenced to life imprisonment without the possibility of parole.
(2) Imprisoned for violations of chapter 201 of NRS who have not been certified by the designated board as eligible for parole.
(c) Must not be granted to an offender who is imprisoned for committing a battery which constitutes domestic violence pursuant to NRS 33.018, unless the director makes a finding that the offender is not likely to pose a threat to the victim of the battery.
3. The director shall notify appropriate law enforcement authorities in the affected county or city to anticipate the arrival of the offender within their jurisdiction and inform them of the date and time of the offender's arrival, the reason the furlough was granted, the time when the furlough expires and any other pertinent information which the director deems appropriate.
4. The director with the approval of the board shall adopt regulations for administering the provisions of this section and governing the conduct of offenders granted a furlough.
Sec. 22 NRS 213.15193 is hereby amended to read as follows:
213.15193 1. [The] Except as otherwise provided in subsection 6, the chief may order the residential confinement of a parolee if he believes that the parolee does not pose a danger to the community and will appear at a scheduled inquiry or hearing.
2. In ordering the residential confinement of a parolee, the chief shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and
(b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the division may be used to supervise a parolee who is ordered to be placed in residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [parolee's] presence of the parolee at his residence, including, without limitation, the transmission of still visual images which do not concern the [parolee's] activities of the parolee while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [parolee's] activities of the parolee while inside his residence,
must not be used.
4. The chief shall not order a parolee to be placed in residential confinement unless the parolee agrees to the order.
5. Any residential confinement must not extend beyond the unexpired maximum term of the [parolee's] original sentence [.] of the parolee.
6. The chief shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to be placed in residential confinement unless the chief makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
Sec. 23 NRS 213.152 is hereby amended to read as follows:
213.152 1. [If] Except as otherwise provided in subsection 6, if a parolee violates a condition of his parole, the board may order him to a term of residential confinement in lieu of suspending his parole and returning him to confinement. In making this determination, the board shall consider the criminal record of the parolee and the seriousness of the crime committed.
2. In ordering the parolee to a term of residential confinement, the board shall:
(a) Require the parolee to be confined to his residence during the time he is away from his employment, public service or other activity authorized by the division; and
(b) Require intensive supervision of the parolee, including, without limitation, unannounced visits to his residence or other locations where he is expected to be in order to determine whether he is complying with the terms of his confinement.
3. An electronic device approved by the division may be used to supervise a parolee ordered to a term of residential confinement. The device must be minimally intrusive and limited in capability to recording or transmitting information concerning the [parolee's] presence of the parolee at his residence, including, but not limited to, the transmission of still visual images which do not concern the [person's] activities of the person while inside his residence. A device which is capable of recording or transmitting:
(a) Oral or wire communications or any auditory sound; or
(b) Information concerning the [parolee's] activities of the parolee while inside his residence,
must not be used.
4. The board shall not order a parolee to a term of residential confinement unless he agrees to the order.
5. A term of residential confinement may not be longer than the unexpired maximum term of the [parolee's] original sentence [.] of the parolee.
6. The board shall not order a parolee who is serving a sentence for committing a battery which constitutes domestic violence pursuant to NRS 33.018 to a term of residential confinement unless the board makes a finding that the parolee is not likely to pose a threat to the victim of the battery.
Sec. 24 NRS 217.400 is hereby amended to read as follows:
217.400As used in NRS 217.400 to 217.460, inclusive:
1. "Dating relationship" means frequent, intimate associations primarily characterized by the expectation of affectional or sexual involvement. The term does not include a casual relationship or an ordinary association between persons in a business or social context.
2. "Division" means the division of child and family services of the department of human resources.
[2.] 3. "Domestic violence" means:
(a) The attempt to cause or the causing of bodily injury to a family or household member or the placing of the member in fear of imminent physical harm by threat of force.
(b) Any of the following acts committed by a person against a family or household member, a person with whom he had or is having a dating relationship or with whom he has a child in common, or upon his minor child or a minor child of that person:
(1) A battery.
(2) An assault.
(3) Compelling the other by force or threat of force to perform an act from which he has the right to refrain or to refrain from an act which he has the right to perform.
(4) A sexual assault.
(5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
(I) Stalking.
(II) Arson.
(III) Trespassing.
(IV) Larceny.
(V) Destruction of private property.
(VI) Carrying a concealed weapon without a permit.
(6) False imprisonment.
(7) Unlawful entry of the other's residence, or forcible entry against the other's will if there is a reasonably foreseeable risk of harm to the other from the entry.
[3.] 4. "Family or household member" means a spouse, a former spouse, a parent or other adult person who is related by blood or marriage or is or was actually residing with the person committing the act of domestic violence.
[4.] 5. "Victim of domestic violence" includes the dependent children of the victim.
Sec. 25 Chapter 228 of NRS is hereby amended by adding thereto the provisions set forth as sections 26 to 30, inclusive, of this act.
Sec. 26 As used in sections 26 to 30, inclusive, of this act, "domestic violence" has the meaning ascribed to it in NRS 33.018.
Sec. 27 1. The office of ombudsman for victims of domestic violence is hereby created within the office of the attorney general.
2. The attorney general shall appoint a person who is not an attorney to serve in the position of ombudsman for a term of 4 years. The person so appointed:
(a) Must be knowledgeable about the legal and societal aspects of domestic violence; and
(b) Is in the unclassified service of the state.
3. The attorney general may remove the ombudsman from office for inefficiency, neglect of duty or malfeasance in office.
Sec. 28 1. The ombudsman for victims of domestic violence shall:
(a) Prepare quarterly reports relating to victims of domestic violence from information collected from the central repository for Nevada records of criminal history, if any such information is available.
(b) Provide necessary assistance to victims of domestic violence.
(c) Provide education to the public concerning domestic violence, including, without limitation, the prevention of domestic violence, available assistance to victims of domestic violence and available treatment for persons who commit domestic violence.
(d) Perform such other tasks as are necessary to carry out his duties and the functions of his office.
2. Except as otherwise provided in this subsection, information collected pursuant to paragraph (a) of subsection 1 is confidential and must not be disclosed to any person under any circumstances, including, without limitation, pursuant to a subpoena, search warrant or discovery proceeding. Such information may be used for statistical purposes if the identity of the person is not discernible from the information disclosed.
3. Any grant received by the office of the attorney general for assistance to victims of domestic violence must be used to compensate the ombudsman for victims of domestic violence.
Sec. 29 1. The account for programs related to domestic violence is hereby created in the state general fund. Any administrative assessment imposed and collected pursuant to section 18 of this act must be deposited with the state treasurer for credit to the account.
2. The ombudsman for victims of domestic violence:
(a) Shall administer the account for programs related to domestic violence; and
(b) May expend money in the account only to pay for expenses related to:
(1) The committee on domestic violence created pursuant to section 30 of this act;
(2) Training law enforcement officers, attorneys and members of the judicial system about domestic violence;
(3) Assisting victims of domestic violence and educating the public concerning domestic violence; and
(4) Carrying out his duties and the functions of his office.
3. All claims against the account for programs related to domestic violence must be paid as other claims against the state are paid.
Sec. 30 1. The attorney general shall appoint a committee on domestic violence comprised of:
(a) One staff member of a program for victims of domestic violence;
(b) One staff member of a program for the treatment of persons who commit domestic violence;
(c) One representative from an office of the district attorney with experience in prosecuting criminal offenses;
(d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;
(e) One law enforcement officer;
(f) One provider of mental health care;
(g) Two victims of domestic violence; and
(h) One person who:
(1) Has successfully completed a program for the treatment of persons who commit domestic violence;
(2) Has not committed a violent act following such treatment; and
(3) Has demonstrated leadership by assisting persons who commit domestic violence or victims of domestic violence.
At least two members of the committee must be residents of a county whose population is less than 100,000.
2. The committee shall:
(a) Adopt regulations for the evaluation, certification and monitoring of programs for the treatment of persons who commit domestic violence;
(b) Review, monitor and certify programs for the treatment of persons who commit domestic violence;
(c) Review and evaluate existing programs provided to peace officers for training related to domestic violence and make recommendations to the peace officers' standards and training committee regarding such training;
(d) To the extent that money is available, arrange for the provision of legal services, including, without limitation, assisting a person in an action for divorce; and
(e) Submit on or before March 1 of each odd-numbered year a report to the director of the legislative counsel bureau for distribution to the regular session of the legislature. The report must include, without limitation, a summary of the work of the committee and recommendations for any necessary legislation concerning domestic violence.
3. The committee shall, at its first meeting and annually thereafter, elect a chairman from among its members.
4. The committee shall meet regularly at least semiannually and may meet at other times upon the call of the chairman. Any five members of the committee constitute a quorum for the purpose of voting. A majority vote of the quorum is required to take action with respect to any matter.
5. The attorney general shall provide the committee with such staff as is necessary to carry out the duties of the committee.
6. While engaged in the business of the committee, each member and employee of the committee is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.
Sec. 31 1. The committee on domestic violence appointed pursuant to section 30 of this act shall begin distributing applications for the certification of programs for the treatment of persons who commit domestic violence to courts and facilities that provide treatment for persons who commit domestic violence on or before August 31, 1997.
2. The committee on domestic violence appointed pursuant to section 30 of this act shall begin reviewing applications for the certification of programs for the treatment of persons who commit domestic violence not later than October 1, 1997.
Sec. 32 Sections 18 and 19 of this act do not apply to offenses that are committed before January 1, 1998.
Sec. 33 The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec. 34 1. This section and section 30 of this act become effective on July 1, 1997.
2. Sections 1 to 6, inclusive, 9 to 17, inclusive, 20 to 29, inclusive, 31, 32 and 33 of this act become effective on October 1, 1997.
3. Sections 7 and 8 of this act become effective at 12:01 a.m. on October 1, 1997.
4. Sections 18 and 19 of this act become effective on January 1, 1998.