AB160_R2

Assembly Bill No. 160–Assemblymen Buckley, Parks, Giunchigliani, Goldwater, Anderson, Arberry, Atkinson, Beers, Carpenter, Chowning, Christensen, Claborn, Collins, Conklin, Gibbons, Grady, Griffin, Horne, Koivisto, Leslie, Mabey, Manendo, McClain, McCleary, Mortenson, Oceguera, Ohrenschall, Perkins, Pierce, Sherer and Williams

CHAPTER..........

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; providing an additional manner of service of certain documents upon the adverse party under 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.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 33 of NRS is hereby amended by adding

thereto the provisions set forth as sections 2 and 3 of this act.

Sec. 2. 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 Office of Court Administrator

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. 3. 1. If the current address where the adverse party

resides is unknown and the law enforcement agency has made at

least two attempts to personally serve the adverse party at his

current place of employment, the law enforcement agency or a

person designated by the law enforcement agency may serve the

adverse party by:

(a) Delivering a copy of the application for an extended order,

the notice of hearing thereon and a copy of the temporary order to

the current place of employment of the adverse party; and

(b) Thereafter, mailing a copy of the application for an

extended order, the notice of hearing thereon and a copy of the

temporary order to the adverse party at his current place of

employment.

2. Delivery pursuant to paragraph (a) of subsection 1 must be

made by leaving a copy of the documents specified at the current

place of employment of the adverse party with the manager of the

department of human resources or another similar person. Such a

person shall:

(a) Accept service of the documents and make a reasonable

effort to deliver the documents to the adverse party;

(b) Identify another appropriate person who will accept service

of the documents and who shall make a reasonable effort to

deliver the documents to the adverse party; or

to be present at the place of employment to accept service of the

documents personally.

3. After delivering the documents to the place of employment

of the adverse party, a copy of the documents must be mailed to

the adverse party by first-class mail to the place of employment of

the adverse party in care of the employer.

4. The adverse party shall be deemed to have been served 10

days after the date on which the documents are mailed to the

adverse party.

5. Upon completion of service pursuant to this section, the

law enforcement agency or the person designated by the law

enforcement agency who served the adverse party in the manner

set forth in this section shall file with or mail to the clerk of the

court proof of service in this manner.

6. An employer is immune from civil liability for any act or

omission with respect to accepting service of documents,

delivering documents to the adverse party or contacting the

adverse party and arranging for the adverse party to accept service

of the documents personally pursuant to this section, if the

employer acts in good faith with respect to accepting service of

documents, delivering documents to the adverse party or

contacting the adverse party and arranging for the adverse party

to accept service of the documents personally.

Sec. 4. NRS 33.017 is hereby amended to read as follows:

33.017 As used in NRS 33.017 to 33.100, inclusive, and

sections 2 and 3 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. 5. NRS 33.060 is hereby amended to read as follows:

33.060 1. The court shall transmit, by the end of the next

business day after the order is issued, a copy of the temporary or

extended order to the appropriate law enforcement agency which

has jurisdiction over the residence, school, child care facility or

other provider of child care, or place of employment of the applicant

or the minor child.

2. The court shall order the appropriate law enforcement

agency to serve, without charge, the adverse party personally with

the temporary order and to file with or mail to the clerk of the court

proof of service by the end of the next business day after service is

made. Service of an application for an extended order and the notice

of hearing thereon must be served upon the adverse party [pursuant]

(a) Pursuant to the Nevada Rules of Civil Procedure [.] ; or

(b) In the manner provided in section 3 of this act.

3. A law enforcement agency shall enforce a temporary or

extended order without regard to the county in which the order was

issued.

4. The clerk of the court shall issue, without fee, a copy of the

temporary or extended order to the applicant and the adverse party.

Sec. 6. NRS 41.280 is hereby amended to read as follows:

41.280 1. [Upon] Except as otherwise provided in

subsection 2, upon the filing of the petition , the applicant shall

make out and procure a notice[, which shall state] that must:

(a) State the fact of the filing of the petition, its object, his

present name and the name which he desires to bear in the future[.

The notice shall be] ; and

(b) Be published in some newspaper of general circulation in the

county once a week for 3 successive weeks.

2. If the applicant submits proof satisfactory to the court that

publication of the change of name would place his personal safety

at risk, the court shall not require the applicant to comply with the

provisions of subsection 1 and shall order the records concerning

the petition and any proceedings concerning the petition to be

sealed and to be opened for inspection only upon an order of the

court for good cause shown or upon the request of the applicant.

Sec. 7. Chapter 49 of NRS is hereby amended by adding

thereto the provisions set forth as sections 8 to 16, inclusive, of this

act.

Sec. 8. As used in sections 8 to 16, inclusive, of this act, the

words and terms defined in sections 9 to 12, inclusive, of this act

have the meanings ascribed to them in those sections.

Sec. 9. “Domestic violence” means an act described in

NRS 33.018.

Sec. 10. “Sexual assault” means a violation of NRS 200.366

or an attempt to violate or conspiracy to violate NRS 200.366.

Sec. 11. “Victim” means a person who alleges that an act of

domestic violence or sexual assault has been committed against

the person.

Sec. 12. “Victim’s advocate” means a person who works for

a nonprofit program that provides assistance to victims with or

without compensation and who has received at least 20 hours of

relevant training.

Sec. 13. 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 disclosed to third

persons other than:

(a) A person who is present to further the interest of the

victim;

(b) A person reasonably necessary for the transmission of the

communication; or

assistance of the victim, including, without limitation, a member of

the victim’s family.

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.

Sec. 14. Except as otherwise provided in section 16 of this

act, a victim who seeks advice, counseling or assistance from a

victim’s advocate has a privilege to refuse to disclose, and to

prevent any other person from disclosing, confidential

communications set forth in section 13 of this act.

Sec. 15. 1. The privilege provided pursuant to section 14 of

this act may be claimed by:

(a) The victim;

(b) The guardian or conservator of the victim;

(d) The victim’s advocate, but only on behalf of the victim.

2. The authority of a victim’s advocate to claim the privilege

is presumed in the absence of evidence to the contrary.

Sec. 16. There is no privilege pursuant to section 14 of this

act if:

1. The purpose of the victim in seeking services from a

victim’s advocate is to enable or aid any person to commit or plan

to commit what the victim knows or reasonably should have

known is a crime or fraud;

2. The communication concerns a report of abuse or neglect

of a child or older person in violation of NRS 200.508 or

200.5093, but only as to that portion of the communication;

3. The communication is relevant to an issue of breach of

duty by the victim’s advocate to the victim or by the victim to the

victim’s advocate; or

4. Disclosure of the communication is otherwise required by

law.

Sec. 17. NRS 125B.240 is hereby amended to read as follows:

125B.240 The court shall not issue an order pursuant to NRS

125B.210, unless it finds the existence of one or more of the

following conditions:

1. The obligor-parent is not receiving income which may be

subject to an assignment or withholding pursuant to chapter 31A of

NRS[,] or section 2 of this act, and there is reason to believe that he

has income from some source which may be subject to an

assignment.

2. An assignment or withholding of income pursuant to chapter

31A of NRS or section 2 of this act would not be sufficient to meet

the obligation of the support of a child for reasons other than a

change of circumstances which would qualify for a reduction in the

amount of the support ordered.

3. The history of employment of the obligor-parent makes an

assignment or withholding of income pursuant to chapter 31A of

NRS or section 2 of this act difficult to enforce or not a practical

means for securing the payment of the obligation of support. Such a

history may be evidenced by such conditions as multiple, concurrent

or consecutive employers.

Sec. 18. NRS 608.1576 is hereby amended to read as follows:

608.1576 If an employer provides benefits for health care to

his employees and the benefits include coverage of the employee’s

family, the employer shall:

1. Permit an employee who is required by the order of a court

or administrative tribunal to provide health coverage for his child to

enroll the child for coverage as a member of his family without

regard to a restriction on periods of enrollment applicable to the

employee.

2. If the parent so required is enrolled for coverage but does not

apply to enroll the child, permit the child’s other parent or the

Welfare Division of the Department of Human Resources to enroll

the child.

3. Not terminate the enrollment of the child in that coverage or

otherwise eliminate that coverage of the child unless the insurer has

written proof that:

(a) The order for medical coverage is no longer in effect; or

(b) The child is or will be enrolled in comparable coverage

through another insurer on or before the effective date of the

termination of enrollment or elimination of coverage.

4. Withhold from the employee’s wages, and pay to the insurer

if the employer is not self-insured, the employee’s share, if any, of

the cost of the coverage provided for the child but not more than the

amount of withholding for insurance permitted by federal law or

regulation.

The purpose of this section is to ensure that children are promptly

enrolled in a program of health insurance provided by the

responsible parent and that the health insurance is maintained. The

remedies provided in this section are cumulative and in addition to

any other remedy provided by law to the extent they are not

inconsistent with the provisions of chapters 31A, 125B, 130 and 425

of NRS[.] and section 2 of this act.

²⁰~~~~~⁰³