Assembly Bill No. 448–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to domestic violence; clarifying the provisions governing an arrest involving a violation of an order for protection against domestic violence; 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. 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 to arrest an adverse

party if the officer has probable cause to believe that the adverse

party has violated any provision of the order. The law enforcement

officer may make an arrest with or without a warrant and

regardless of whether the violation occurs in his presence.

    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;

    (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 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. 2.  NRS 171.124 is hereby amended to read as follows:

    171.124  1.  Except as otherwise provided in subsection 3 and

NRS 33.070 and 33.320, a peace officer or an officer of the Drug

Enforcement Administration designated by the Attorney General of

the United States for that purpose may make an arrest in obedience

to a warrant delivered to him, or may, without a warrant, arrest a

person:

    (a) For a public offense committed or attempted in his presence.

    (b) When a person arrested has committed a felony or gross

misdemeanor, although not in his presence.

    (c) When a felony or gross misdemeanor has in fact been

committed, and he has reasonable cause for believing the person

arrested to have committed it.

    (d) On a charge made, upon a reasonable cause, of the

commission of a felony or gross misdemeanor by the person

arrested.

    (e) When a warrant has in fact been issued in this state for the

arrest of a named or described person for a public offense, and he

has reasonable cause to believe that the person arrested is the person

so named or described.

    2.  He may also, at night, without a warrant, arrest any person

whom he has reasonable cause for believing to have committed a

felony or gross misdemeanor, and is justified in making the arrest,

though it afterward appear that a felony or gross misdemeanor has

not been committed.

    3.  An officer of the Drug Enforcement Administration may

only make an arrest pursuant to subsections 1 and 2 for a violation

of chapter 453 of NRS.

    Sec. 3.  This act becomes effective upon passage and approval.

 

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