Nevada 2017 Regular Session Status: Enacted 1 D cosponsors

AB 146 — Enacts the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act. (BDR 3-617)

Last action — Approved by the Governor. Chapter 137.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 13, 2017. Enacted.

Prognosis

Advancing 54% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

376 added · 402 removed

376 line(s) added, 402 removed.

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(Reprinted with amendments adopted on May 17, 2017) FIRST REPRINT A.B.
Assembly Bill No.
146 A SSEMBLY B ILLN O.
146–Assemblymen Watkins;
146–ASSEMBLYMEN W ATKINS ;AND O HRENSCHALL PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Enacts the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act.
and Ohrenschall CHAPTER..........
(BDR 3-617) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the Central Repository for Nevada Records of Criminal History to include Canadian domestic-violence protection orders registered in this State in the Repository for Information Concerning Orders for Protection Against Domestic Violence;
requiring the Central Repository for Nevada Records of Criminal History to include Canadian domestic- violence protection orders registered in this State in the Repository for Information Concerning Orders for Protection Against Domestic Violence;
Existing law provides for the enforcement and registration of an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States and requires certain persons to transmit certain information regarding such orders to the Central Repository for Nevada bill enact the Uniform Recognition and Enforcement of Canadian Domestic-of this Violence Protection Orders Act.
Existing law provides for the enforcement and registration of an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States and requires certain persons to transmit certain information regarding such orders to the Central Repository for Nevada Records of Criminal History.
Section 13 requires a law enforcement officer to enforce a Canadian domestic- violence protection order in the same manner that an officer enforces an order for protection issued by a court of this State unless it is apparent to the officer that the officer to inform the protected person of local victims’ services.law enforcement - *AB146_R1* – 2 – Section 14 requires certain courts and agencies in this State to enforce a Canadian domestic-violence protection order and prescribes the minimum requirements for such enforcement.
(NRS 33.085, 33.090, 33.095) Sections 2-18 of this bill enact the Uniform Recognition and Enforcement of Canadian Domestic- ViolSection 13 requires a law enforcement officer to enforce a Canadian domestic- violence protection order in the same manner that an officer enforces an order for protection issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face.
its agencies and political subdivisions and certain persons who:
Section 13 further requires a law enforcement officer to inform the protected person of local victims’ services.
(1) enforce ae and Canadian domestic-violence protection order based upon a reasonable belief that the order is valid;
Section 14 requires certain courts and agencies in this State to enforce a Canadian domestic-violence protection order and prescribes the minimum requSection 15 provides immunity from civil or criminal liability for this State and its agencies and political subdivisions and certain persons who:
(1) enforce a Canadian domestic-violence protection order based upon a reasonable belief that the order is valid;
Section 19 of this bill provides for the registration of Canadian domestic- the person believes enforcement may be necessary.
Section 19 of this bill provides for the registration of Canadian domestic- violence protection orders with the clerk of the court in the judicial district in which certain persons to transmit certain information regarding such orders to the Central Repository for Nevada Records of Criminal History.
Section 20 of this bill requires which certain persons to transmit certain information regarding such orders to the Central Repository for Nevada Records of Criminal History.
- 79th Session (2017) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
other order issued by a tribunal which relates to domestic oror family violence laws to prevent a person from engaging in violent or threatening acts against, harassment of, direct or indirect contact or communication with or being in physical proximity to another person.
6.
“Domestic protection order” means an injunction or other order issued by a tribunal which relates to domestic or family violence laws to prevent a person from engaging in violent - *AB146_R1* – 3 – or threatening acts against, harassment of, direct or indirect contact or communication with or being in physical proximity to another person.
Sec.
Sec.
- 79th Session (2017) – 3 – Sec.
“Protected person” means a natural person protected by a Canadian domestic-violence protection order.
“Protected person” means a natural person proSec.
11.y a“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
11.
“Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Sec.
and (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.
and (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized signature or stamp of the court which issued the order or another indication of the authority of the court which issued ¬ An officer may determine that any other order is authentic on its face.
¬ An officer may determine that any other order is authentic on its face.
(b) An order that is included in the Repository for Information Concerning Orders for Protection Against Domestic Violence - *AB146_R1* – 4 – pursuant to NRS 33.095 or in any national crime information database;
(b) An order that is included in the Repository for Information Concerning Orders for Protection Against Domestic Violence pursuant to NRS 33.095 or in any national crime information database;
or (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order, including, without limitation, the statement of a person protected by the order that the order remains in effect.
or - 79th Session (2017) – 4 – (d) An examination of the totality of the circumstances concerning the existence of a valid and effective order, including, without limitation, the statement of a person protected by the order that the order remains in effect.
3.
order has not been registered or included in the Repository for Information Concerning Orders for Protection Against Domestic Violence in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.
The fact that a Canadian domestic-violence protection order has not been registered or included in the Repository for Information Concerning Orders for Protection Against Domestic Violence in the Central Repository for Nevada Records of Criminal History pursuant to NRS 33.095 or in any national crime information database is not grounds for a law enforcement officer to refuse to enforce the terms of the order unless it is apparent to the officer that the order is not authentic on its face.
Sec.
refusing to enforce a Canadian domestic-violence protection order on application of:
14.
1.
A tribunal may issue an order enforcing or refusing to enforce a Canadian domestic-violence protection order on application of:
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- *AB146_R1* – 5 – 3.
3.
(b) The order is valid and has not expired;
- 79th Session (2017) – 5 – (b) The order is valid and has not expired;
and (d) 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 had or will have an opportunity to be heard within a reasonable time after the order was issued and, in any event, in a manner consistent with the right of the adverse party to due process.
and 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 had or will have an opportunity to be heard within a reasonable time after the order was issued and, in any event, in a manner consistent with the right of the adverse party to due process.
or (b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties, ¬ the court shall refuse to enforce the order against the protected person and may determine whether to issue its own temporary or extended order.
or (b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties, ¬ the court shall refuse to enforce the order against the protected extended order.determine whether to issue its own temporary or Sec.
Sec.
- *AB146_R1* – 6 – Sec.
- 79th Session (2017) – 6 – Sec.
In applying and construing the Uniform Recognition and Enforcement of Canadian Domestic-Violence Protection Orders Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
In applying and construing the Uniform Protection Orders Act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
(c) Forward, by conventional or electronic means, by the end of the next business day, a copy of an order registered pursuant to this section 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 protected party or the child of the protected party;
the next business day, a copy of an order registered pursuant to this section 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 protected party or the child of the protected party;
(b) Notify the party against whom the order has been made that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe has been registered in this State.
(b) Notify the party against whom the order has been made that an order for protection against domestic violence issued by the court - 79th Session (2017) – 7 – of another state, territory or Indian tribe has been registered in this State.
- *AB146_R1* – 7 – 4.
4.
5.
protection order” has the meaning ascribed to it in section 5 of this act.
As used in this section, “Canadian domestic-violence protection order” has the meaning ascribed to it in section 5 of this act.
(a) A letter or other document requesting registration;
(b) Twoettercopies,erincluding reonestincertifiedacopy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified;
(b) Two copies, including one certified copy, of the determination sought to be registered, and a statement under penalty of perjury that to the best of the knowledge and belief of the person seeking registration the order has not been modified;
and (b) Serve notice upon the persons named pursuant to paragraph (c) of subsection 1 and provide them with an opportunity to contest the registration in accordance with this section.
and - 79th Session (2017) – 8 – (b) Serve notice upon the persons named pursuant to paragraph (c) of subsection 1 and provide them with an opportunity to contest the registration in accordance with this section.
The notice required by paragraph (b) of subsection 2 must state that:
The notice required by paragraph (b) of subsection 2 must sta(a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
- *AB146_R1* – 8 – (a) A registered determination is enforceable as of the date of the registration in the same manner as a determination issued by a court of this state;
5.
registration is not made, the registration is confirmed as a matter ofhe law and the person requesting registration and all persons served must be notified of the confirmation.
If a timely request for a hearing to contest the validity of the registration is not made, the registration is confirmed as a matter of law and the person requesting registration and all persons served must be notified of the confirmation.
Sec.
- 79th Session (2017) – 9 – Sec.
2.
for Information Concerning Orders for Protection Against Domesticory Violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada [,] and all Canadian domestic-violence protection orders registered in the State of Nevada, in accordance with regulations adopted by the Director of the Department, including, without limitation, any information received pursuant to NRS 33.095.
Except as otherwise provided in subsection 6, the Repository for Information Concerning Orders for Protection Against Domestic Violence must contain a complete and systematic record of all temporary and extended orders for protection against domestic violence issued or registered in the State of Nevada [,] and all - *AB146_R1* – 9 – Canadian domestic-violence protection orders registered in the State of Nevada, in accordance with regulations adopted by the Director of the Department, including, without limitation, any information received pursuant to NRS 33.095.
The report must include, without limitation, information for each court that issues temporary or extended orders for protection against domestic violence concerning:
The report must include, without extendedon,ordersmatfor foprotectionrtagainstssudomesticrarviolence concerning:
and (f) The number of temporary and extended orders that were served on the adverse party.
and - 79th Session (2017) – 10 – (f) The number of temporary and extended orders that were served on the adverse party.
The information provided pursuant to subsection 4 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.
The information provided pursuant to subsection 4 must include only aggregate information for statistical purposes and must exc6.deThe Repository for Information Concerning Orders forr person.
6.
Protection Against Domestic Violence must not contain any information concerning an event that occurred before October 1, 1998.
The Repository for Information Concerning Orders for Protection Against Domestic Violence must not contain any information concerning an event that occurred before October 1, 1998.
- *AB146_R1* – 10 – Sec.
Sec.
This act becomes effective on July 1, 2017, and before, on or after July 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on or after July 1, 2017.
This act becomes effective on July 1, 2017, and applies to a Canadian domestic-violence protection order issued before, on or after July 1, 2017, and to a continuing action for enforcement of a Canadian domestic-violence protection order commenced before, on or after July 1, 2017.
H - *AB146_R1*
~~~~~ 17 - 79th Session (2017)
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Action History

  1. Approved by the Governor. Chapter 137.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 639 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.

  6. From printer. To engrossment. Engrossed. First reprint .

  7. Read second time. Amended. (Amend. No. 639.) To printer.

  8. Placed on Second Reading File.

  9. From committee: Amend, and do pass as amended.

  10. Read first time. Referred to Committee on Judiciary. To committee.

  11. In Senate.

  12. Read third time. Passed. Title approved. (Yeas: 42, Nays: None.) To Senate.

  13. Read second time.

  14. From committee: Do pass.

  15. From printer. To committee.

  16. Read first time. Referred to Committee on Judiciary. To printer.

  17. Prefiled pursuant to JSR 14.2.1(d).

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 65 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (65)

65 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 146?
AB 146 is sponsored by Ohrenschall, James (Democratic) and Justin Watkins.
What is the current status of AB 146?
This bill has been enacted into law. Introduced February 13, 2017. Enacted.
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