Referred to Concurrent Committees on Judiciary and
Ways and Means
SUMMARY--Creates crime of domestic isolation. (BDR 15-1636)
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; creating a crime of domestic isolation; providing that domestic isolation constitutes 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 Chapter 200 of NRS is hereby amended by adding thereto a new section to read as follows:
1. Except as otherwise provided in subsection 4, a person shall not willfully and maliciously engage in conduct intended to isolate his spouse, former spouse, a person with whom he has had or is having a dating relationship or a person with whom he has a child in common.
2. For the purposes of subsection 1, conduct intended to isolate a person includes, without limitation:
(a) Physically restraining a person listed in subsection 1 with the intent of preventing him from having contact with another person;
(b) Intimidating or threatening a person listed in subsection 1 with the intent of preventing him from having contact with another person by causing him to fear emotional or physical injury to himself or another person or damage to his property; or
(c) Performing an act listed in paragraph (a) or (b) against a third person with the intent of preventing that person from having contact with a person listed in subsection 1.
3. A person who violates the provisions of subsection 1 is guilty of domestic isolation and shall be punished:
(a) For the first offense within the immediately preceding 7 years, for 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.
(b) For the second offense within the immediately preceding 7 years, for 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, for a category C felony and shall be punished as provided in NRS 193.130.
4. The provisions of this section do not apply to a person who commits an act for the protection of the health, welfare or property of a person listed in subsection 1.
5. 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. 2 NRS 33.018 is hereby amended to read as follows:
33.0181. Domestic violence occurs when a person [commits] :
(a) 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.] :
(1) A battery.
[2.] (2) An assault.
[3.] (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.] (4) A sexual assault.
[5.] (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
[(a)] (I) Stalking.
[(b)] (II) Arson.
[(c)] (III) Trespassing.
[(d)] (IV) Larceny.
[(e)] (V) Destruction of private property.
[(f)] (VI) Carrying a concealed weapon without a permit.
[6.] (6) A false imprisonment.
[7.] (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.
(b) Commits domestic isolation upon his spouse, former spouse, a person with whom he has had or is having a dating relationship or a person with whom he has a child in common.
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. 3 NRS 171.1225 is hereby amended to read as follows:
171.12251. 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] :
(a) 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)] :
(1) A battery.
[(b)] (2) An assault.
[(c)] (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.
[(d)] (4) A sexual assault.
[(e)] (5) A knowing, purposeful or reckless course of conduct intended to harass the other. Such conduct may include, but is not limited to:
[(1)] (I) Stalking.
[(2)] (II) Arson.
[(3)] (III) Trespassing.
[(4)] (IV) Larceny.
[(5)] (V) Destruction of private property.
[(6)] (VI) Carrying a concealed weapon without a permit.
[(f)] (6) False imprisonment.
[(g)] (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.
(b) Domestic isolation committed by a person upon his spouse, former spouse, a person with whom he has had or is having a dating relationship or a person with whom he has a child in common.
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. 4 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.
(c) Domestic isolation committed by a person against his spouse, former spouse, a person with whom he has had or is having a dating relationship or a person with whom he has a child in common.
[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. 5 The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 6 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.