Assembly Bill No. 331–Assemblyman McCleary
(by request)

 

CHAPTER..........

 

AN ACT relating to protective orders; providing for the issuance and enforcement of temporary and extended orders against a person who is alleged to have committed a certain type of crime against a child; providing specific authorization for the parent or guardian of a child to obtain such orders on behalf of the child; providing justices’ courts with jurisdiction over proceedings to obtain such temporary or extended orders; 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 to 6, inclusive, of this

act.

    Sec. 2.  1.  In addition to any other remedy provided by law,

the parent or guardian of a child may petition any court of

competent jurisdiction on behalf of the child for a temporary or

extended order against a person who is 18 years of age or older

and who the parent or guardian reasonably believes has

committed or is committing a crime involving:

    (a) Physical or mental injury to the child of a nonaccidental

nature; or

    (b) Sexual abuse or sexual exploitation of the child.

    2.  If such an order on behalf of a child is granted, the court

may direct the person who allegedly committed or is committing

the crime to:

    (a) Stay away from the home, school, business or place of

employment of the child and any other location specifically named

by the court.

    (b) Refrain from contacting, intimidating, threatening or

otherwise interfering with the child and any other person

specifically named by the court, who may include, without

limitation, a member of the family or the household of the child.

    3.  If a defendant charged with committing a crime described

in subsection 1 is released from custody before trial or is found

guilty during the trial, the court may issue a temporary or

extended order or provide as a condition of the release or sentence

that the defendant:

    (a) Stay away from the home, school, business or place of

employment of the child against whom the alleged crime was

committed and any other location specifically named by the court.

    (b) Refrain from contacting, intimidating, threatening or

otherwise interfering with the child against whom the alleged

crime was committed and any other person specifically named by

the court, who may include, without limitation, a member of the

family or the household of the child.

    4.  A temporary order may be granted with or without notice

to the adverse party. An extended order may be granted only after

notice to the adverse party and a hearing on the petition.

    5.  If an extended order is issued by a justice’s court, an

interlocutory appeal lies to the district court, which may affirm,

modify or vacate the order in question. The appeal may be taken

without bond, but its taking does not stay the effect or enforcement

of the order.

    6.  Any person who intentionally violates:

    (a) A temporary order is guilty of a gross misdemeanor.

    (b) An extended order is guilty of a category C felony and shall

be punished as provided in NRS 193.130.

    7.  Any court order issued pursuant to this section must:

    (a) Be in writing;

    (b) Be personally served on the person to whom it is directed;

and

    (c) Contain the warning that violation of the order:

        (1) Subjects the person to immediate arrest.

        (2) Is a gross misdemeanor if the order is a temporary

order.

        (3) Is a category C felony if the order is an extended order.

    Sec. 3.  1.  The payment of all costs and official fees must be

deferred for any person who petitions a court for a temporary or

extended order pursuant to section 2 of this act. After any hearing

and not later than final disposition of such an application or

order, the court shall assess the costs and fees against the adverse

party, except that the court may reduce them or waive them, as

justice may require.

    2.  The clerk of the court shall provide a person who petitions

the court for a temporary or extended order pursuant to section 2

of this act and the adverse party, free of cost, with information

about the:

    (a) Availability of temporary and extended orders pursuant to

section 2 of this act;

    (b) Procedure for filing an application for such an order; and

    (c) Right to proceed without legal counsel.

    3.  A person who obtains an order pursuant to section 2 of this

act must not be charged any fee to have the order served in this

state.

    Sec. 4.  1.  A temporary order issued pursuant to section 2 of

this act expires within such time, not to exceed 30 days, as the

court fixes. If a petition for an extended order is filed within the

period of a temporary order, the temporary order remains in effect

until the hearing on the extended order is held.

    2.  On 2 days’ notice to the party who obtained the temporary

order, the adverse party may appear and move its dissolution or

modification, and in that event the court shall proceed to hear and

determine such motion as expeditiously as the ends of justice

require.

    3.  An extended order expires within such time, not to exceed

1 year, as the court fixes. A temporary order may be converted by

the court, upon notice to the adverse party and a hearing, into an

extended order effective for not more than 1 year.

    Sec. 5.  1.  Each court that issues an order pursuant to

section 2 of this act shall transmit, as soon as practicable, a copy

of the order to all law enforcement agencies within its jurisdiction.

The copy must include a notation of the date on which the order

was personally served upon the person to whom it is directed.

    2.  A peace officer, without a warrant, may arrest and take

into custody a person when the peace officer has reasonable cause

to believe that:

    (a) An order has been issued pursuant to section 2 of this act

to the person to be arrested;

    (b) The person to be arrested has received a copy of the order;

and

    (c) The person to be arrested is acting in violation of the order.

    3.  Any law enforcement agency in this state may enforce a

court order issued pursuant to section 2 of this act.

    Sec. 6.  1.  Upon the request of the parent or guardian of a

child, the prosecuting attorney in any trial brought against a

person for a crime described in subsection 1 of section 2 of this act

shall inform the parent or guardian of the final disposition of the

case.

    2.  If the defendant is found guilty and the court issues an

order or provides a condition of his sentence restricting the ability

of the defendant to have contact with the child against whom the

crime was committed or witnesses, the clerk of the court shall:

    (a) Keep a record of the order or condition of the sentence;

and

    (b) Provide a certified copy of the order or condition of the

sentence to the parent or guardian of the child and other persons

named in the order.

    Sec. 7.  NRS 4.370 is hereby amended to read as follows:

    4.370  1.  Except as otherwise provided in subsection 2,

justices’ courts have jurisdiction of the following civil actions and

proceedings and no others except as otherwise provided by specific

statute:

    (a) In actions arising on contract for the recovery of money only,

if the sum claimed, exclusive of interest, does not exceed $7,500.

    (b) In actions for damages for injury to the person, or for taking,

detaining or injuring personal property, or for injury to real property

where no issue is raised by the verified answer of the defendant

involving the title to or boundaries of the real property, if the

damage claimed does not exceed $7,500.

    (c) Except as otherwise provided in paragraph (l) in actions for a

fine, penalty or forfeiture not exceeding $7,500, given by statute or

the ordinance of a county, city or town, where no issue is raised by

the answer involving the legality of any tax, impost, assessment, toll

or municipal fine.

    (d) In actions upon bonds or undertakings conditioned for the

payment of money, if the sum claimed does not exceed $7,500,

though the penalty may exceed that sum. Bail bonds and other

undertakings posted in criminal matters may be forfeited regardless

of amount.

    (e) In actions to recover the possession of personal property, if

the value of the property does not exceed $7,500.

    (f) To take and enter judgment on the confession of a defendant,

when the amount confessed, exclusive of interest, does not exceed

$7,500.

    (g) Of actions for the possession of lands and tenements where

the relation of landlord and tenant exists, when damages claimed do

not exceed $7,500 or when no damages are claimed.

    (h) Of actions when the possession of lands and tenements has

been unlawfully or fraudulently obtained or withheld, when

damages claimed do not exceed $7,500 or when no damages are

claimed.

    (i) Of suits for the collection of taxes, where the amount of the

tax sued for does not exceed $7,500.

    (j) Of actions for the enforcement of mechanics’ liens, where the

amount of the lien sought to be enforced, exclusive of interest, does

not exceed $7,500.

    (k) Of actions for the enforcement of liens of owners of facilities

for storage, where the amount of the lien sought to be enforced,

exclusive of interest, does not exceed $7,500.

    (l) In actions for a fine imposed for a violation of NRS 484.757.

    (m) Except in a judicial district that includes a county whose

population is 100,000 or more, in any action for the issuance of a

temporary or extended order for protection against domestic

violence.

    (n) In an action for the issuance of a temporary or extended

order for protection against harassment in the workplace pursuant to

NRS 33.200 to 33.360, inclusive.

    (o) In small claims actions under the provisions of chapter 73 of

NRS.

    (p) In actions to contest the validity of liens on mobile homes or

manufactured homes.

    (q) In any action pursuant to NRS 200.591 for the issuance of a

protective order against a person alleged to be committing the crime

of stalking, aggravated stalking or harassment.

    (r) In any action for the issuance of a temporary or extended

order pursuant to section 2 of this act.

    2.  The jurisdiction conferred by this section does not extend to

civil actions, other than for forcible entry or detainer, in which the

title of real property or mining claims or questions affecting the

boundaries of land are involved.

    3.  Justices’ courts have jurisdiction of all misdemeanors and no

other criminal offenses except as otherwise provided by specific

statute. Upon approval of the district court, a justice’s court may

transfer original jurisdiction of a misdemeanor to the district court

for the purpose of assigning an offender to a program established

pursuant to NRS 176A.250.

    4.  Except as otherwise provided in subsections 5 and 6, in

criminal cases the jurisdiction of justices of the peace extends to the

limits of their respective counties.

    5.  In the case of any arrest made by a member of the Nevada

Highway Patrol, the jurisdiction of the justices of the peace extends

to the limits of their respective counties and to the limits of all

counties which have common boundaries with their respective

counties.

    6.  Each justice’s court has jurisdiction of any violation of a

regulation governing vehicular traffic on an airport within the

township in which the court is established.

 

²⁰~~~~~⁰³