AB 177 — Revises provisions relating to domestic violence. (BDR 3-210)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2017) FIRST REPRINT A.B.

177177–Assemblyman ASSEMBLYSprinkle BCHAPTER.......... ILLN O.

177–A SSEMBLYMAN S PRINKLE PREFILED F EBRUARY 13, 2017 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic violence.

(BDR 3-210) FISCAL NOTE:

Effect on Local Government:

May have Fiscal Impact.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Further, a court is authorized to grant an extended order after notice to the adverse party and a hearing on the application for which the application for the extended orderorder. is filed.

(NRSThe 33.020)hearing Sectionmust 1be ofheld within 45 days after the date on this bill authorizes the court to set a date for a second hearing within 90 days after the date on which the first hearing was scheduled if the adverse party fails to appear at the first hearing and:

Section 1 also authorizes the court to set a date for a third hearing, under similar circumstances, within 90 days after the date on which the secExistingsecond lawhearing requireswas thescheduled. court to order the appropriate law enforcement agency to serve the adverse party personally with a temporary order.

to serve the adverse party personally with a temporary order.

(NRS 33.060, 33.065) Section 2 of this bill requires the court to order the appropriate law enforcement agency to serve upon the adverse party an upon the application scheduled by the court.tice of any second or third hearing - *AB177_R1* – 2 – Existing law provides that, if an application for an extended order isand filed within the periodnotice of aany temporarysecond order or atthird thehearing sameupon timethe that an application forscheduled aby the extendedcourt. order is held.

(NRSwithin 33.080) If the courtperiod setsof a datetemporary fororder a second or onat thirdthe hearingsame ontime that an application for ana extendedtemporary order,order sectionis 3filed, of this bill requires the temporary order toremains remain in effect until the datehearing on which the secondextended ororder third hearing is held.

(NRS 33.080) If the court sets a date for a second or third hearing on an application for an extended order, section 3 of this bill requires the temporary order to remain in effect until the date on which the second or third hearing is held.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

If it appears to the satisfaction of the court from specific facts shown by a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence, - 79th Session (2017) – 2 – the court may grant a temporary or extended order.

A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violencevio2.nceThe hascourt occurredmay require the applicant or therethe existsadverse aparty, threator ofboth, domesticto violence.appear before the court before determining whether to grant the temporary or extended order.

2.

The court may require the applicant or the adverse party, or both, to appear before the court before determining whether to grant the temporary or extended order.

If the adverse party has not been served pursuant to NRS 33.060 or 33.065 and fails to appear on the date set for a second hearing on an application for an extended order pursuant to subsection 4, the court may, upon a showing that law enforcement, after due diligence, has been unable to serve the adverse party or that the adverse party has sought to avoid service by concealment, set a date for a third hearing which must be held withinscheduled.days 90 days after the date on which the second hearing was scheduled.6.

- *AB177_R1* – 3 – 6.

Upon approval by the court, the signed order may be transmitted to the facility where the alleged perpetrator is in custody by electronic or telephonic transmission to - 79th Session (2017) – 3 – a facsimile machine.

The court shall mail a copy of each order issued pursuant to this subsection to the alleged victim named in the order and cause the original order to be filed with the court clerk on the first judicial day after it is issued.

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 2.e mThe court shall order the minorappropriate child.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.

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 - *AB177_R1* – 4 – proof of service by the end of the next business day after service is made.

- 79th Session (2017) – 4 – Sec.

If an application for an extended order is filed within the period of a temporary order or at the same timeorder thatremains anin applicationeffect foruntil a[the] temporary:ary order is filed, the temporary order(a) remainsThe inhearing effecton untilthe [the]extended :order is held [.] ;

(a) The hearing on the extended order is held [.] ;

(c)action Foror thein exercisea ofproceeding the power of a magistratecriminal nature.trate in a criminal action(d) orTo inreceive acommunications proceedingby telephone and for the issuance of a criminaltemporary nature.order pursuant to subsection [5] 7 of NRS 33.020.

(d)(e) ToFor receivethe communicationsissue byof telephonea writ of attachment, which may be issued on each and forall of the issuancedays ofabove aenumerated temporaryupon orderthe pursuantplaintiff, toor subsectionsome [5]person 7on behalf of NRSthe 33.020.plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:

(e)That For the issueaffiant ofhas agood writreason ofto attachment,believe, whichand maydoes bebelieve, issuedthat onit eachwill andbe alltoo oflate for the dayspurpose aboveof enumeratedacquiring upona thelien plaintiff,by orthe -writ *AB177_R1*to –wait 5until –subsequent someday personfor onthe behalfissuance of the plaintiff,same. setting forth in the affidavit follows:

by- law79th forSession obtaining(2017) the– writ5 the– additionalAll avermentproceedings asinstituted, 5and Thatall thewrits affiantissued, hasand goodall reasonofficial toacts believe,section, andshall doeshave believe,all thatthe itvalidity, willforce beand tooeffect lateof forproceedings thecommenced purposeon ofother acquiringdays, whether a lien bybe theobtained writor toa waitlevy untilmade subsequentunder dayand forby thevirtue issuance of the same.writ.

All proceedings instituted, and all writs issued, and all official acts done on any of the days above specified, under and by virtue of this section, shall have all the validity, force and effect of proceedings commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.

H~~~~~ 17 - *AB177_R1*79th Session (2017)