Nevada 2019 Regular Session Status: Enacted

AB 19 — Revises provisions related to certain temporary and extended orders for protection. (BDR 3-417)

Last action — Chapter 477.

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    Introduced
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    In Committee
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    Passed Assembly
  4. ✓
    Passed Senate
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    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced November 15, 2018. Enacted.

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Summary

AN ACT relating to orders for protection; revising provisions relating to service of process of temporary and extended orders for protection against domestic violence; increasing the duration that certain temporary and extended orders for protection remain effective; increasing the penalty for certain violations of temporary and extended orders for protection against domestic violence; renaming the Repository for Information Concerning Orders for Protection Against Domestic Violence to the Repository for Information Concerning Orders for Protection; requiring the Repository for Information Concerning Orders for Protection to include certain information and other records relating to orders for protection against a person alleged to have committed the crime of sexual assault, orders for protection against stalking, aggravated stalking or harassment and orders for protection against domestic violence; providing penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

617 added · 631 removed

617 line(s) added, 631 removed.

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(Reprinted with amendments adopted on April 22, 2019) FIRST REPRINT A.B.
Assembly Bill No.
19 ASSEMBLY BILL NO .
19–Committee on Judiciary CHAPTER..........
19–COMMITTEE ON JUDICIARY (ON B EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 15, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions related to certain temporary and extended orders for protection.
(BDR 3-417) 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.
when committed against certain persons and authorizes a court to issue a temporary or extended order for protection against domestic violence.
Existing law sets forth certain unlawful acts that constitute domestic violence when committed against certain persons and authorizes a court to issue a temporary 33.030) Existing law also defines certain unlawful acts that constitute stalking, aggravated stalking or harassment when committed against certain persons and authorizes a court to issue a temporary or extended order for protection against stalking, aggravated stalking or harassment.
(NRS 33.018, 33.020, 33.030) Existing law also defines certain unlawful acts that constitute stalking, aggravated stalking or harassment when committed against certain persons and authorizes a court to issue a temporary or extended order for protection against - *AB19_R1* – 2 – stalking, aggravated stalking or harassment.
(NRS 200.571, 200.575, 200.591) Finally, existing law defines the crime of sexual assault and authorizes a court to issue a temporary or extended order for protection against a person alleged to have commExisting law requires a law enforcement agency to personally serve the adverse party with a temporary order for protection against domestic violence.
(NRS 200.571, 200.575, 200.591) Finally, existing law defines the crime of sexual assault and authorizes a court to issue a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault.
(NRS 33.060) Section 1.3 of this bill revises the service of process requirements for temporary and extended orders for protection against domestic violence.
(NRS 200.366, 200.378) Existing law requires a law enforcement agency to personally serve the adverse party with a temporary order for protection against domestic violence.
Section 1.3 requires a law enforcement agency to attempt to serve an adverse party personally with a temporary order.
(NRS 33.060) Section 1.3 of this bill revises the service of process requirements for 1.3 requires a law enforcement agency to attempt to serve an adverse partyction personally with a temporary order.
If the law enforcement agency is unable to law enforcement agency to leave a notice at the adverse party’s residence statinghe that the adverse party may respond to the notice within 24 hours.
If the law enforcement agency is unable to personally serve the temporary order on the adverse party, section 1.3 requires the law enforcement agency to leave a notice at the adverse party’s residence stating that the adverse party may respond to the notice within 24 hours.
an alternative service method pursuant to the Nevada Rules of Existing law authorizes a person to serve a copy of an application of an extended order for protection against domestic violence and notice of the hearing thereof on the adverse party:
an alternative service method pursuant to the Nevada Rules of Existing law authorizes a person to serve a copy of an application of an extended order for protection against domestic violence and notice of the hearing - 80th Session (2019) – 2 – thereof on the adverse party:
or (2) at the adverse party’s place of employment under certain circumstances.
(NRS 33.060, 33.065) Section 1.7 of this bill removes the requirement to serve the copy of Section 1.3 provides that if a temporary and extended order for protection against domestic violence are filed at the same time or the extended order for protection is filed before law enforcement has been able to successfully serve the temporary order, then the extended order will be served with the temporary order in the manner set forth in section 1.3.
(NRS 33.060, 33.065) Section 1.7 of this bill removes the requirement to serve the copy of the temporary order at the adverse party’s place of employment.
Section 1.3 provides that if a temporary and extended order for protection against domestic violence are filed at the same time or the extended order for protection is filed before law enforcement has been able to successfully serve the temporary order, then the extended order will be served with the temporary order in the manner set forth in section 1.3.
(NRS 33.030) Section 1 of this bill requires a temporary or extended order for protection against domestic violence to include a notice to the adverse party that responding to a communication by the proExisting law also provides that an extended order for protection against domestic violence and an extended order for protection against stalking, aggravated stalking or harassment expire after not more than 1 year.
(NRS 33.030) Section 1 of this bill requires a temporary or extended order for protection against domestic violence protected party may constitute a violation of the order.
to a communication by the Existing law also provides that an extended order for protection against domestic violence and an extended order for protection against stalking, aggravated stalking or harassment expire after not more than 1 year.
violating a temporary or extended order for protection against domestic violence.
Under existing law, a person is guilty of a misdemeanor for intentionally violating a temporary or extended order for protection against domestic violence.
(NRS 33.100) Section 4 of this bill provides that a person who intentionally violates such an extended order and who has never previously violated an order is guilty of a misdemeanor.
violates such an extended order and who has never previously violated an order is guilty of a misdemeanor.
(1) a gross misdemeanor if the person has previously - *AB19_R1* – 3 – previously violated such an order two or more times.
(1) a gross misdemeanor if the person has previously violated such an order one time;
or (2) a category D felony if the person has previously violated such an order two or more times.
(NRS Information Concerning Orders for Protection Against Domestic Violence to the Repository for Information Concerning Orders for Protection.
(NRS 179A.350) Section 8 of this bill changes the name of the Repository for Information Concerning Orders for Protection Against Domestic Violence to the Repository for Information Concerning Orders for Protection.
Section 8 also requires the Repository for Information Concerning Orders for Protection to maintain records within the Central Repository of all temporary and extended orders for protection against stalking, aggravated stalking or harassment and all committed the crime of sexual assault.
Section 8 also requires the Repository for Information Concerning Orders for Protection to orders for protection against stalking, aggravated stalking or harassment and all temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault.
- 80th Session (2019) – 3 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(a) Enjoin the adverse party from threatening, physically injuring or harassing the applicant or minor child, either directly or through an agent;
(a) Enjoin the adverse party from threatening, physically through an agent;sing the applicant or minor child, either directly or (b) Exclude the adverse party from the applicant’s place of residence;
(b) Exclude the adverse party from the applicant’s place of residence;
- *AB19_R1* – 4 – (a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;
(a) Specify arrangements for visitation of the minor child by the adverse party and require supervision of that visitation by a third party if necessary;
(2) Pay rent or make payments on a mortgage on the applicant’s place of residence;
(2) Pay rent or make payments on a mortgage on the applic(3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a - 80th Session (2019) – 4 – minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;
(3) Pay for the support of the applicant or minor child, including, without limitation, support of a minor child for whom a guardian has been appointed pursuant to chapter 159A of NRS or a minor child who has been placed in protective custody pursuant to chapter 432B of NRS, if the adverse party is found to have a duty to support the applicant or minor child;
The appeal may be takenrm, without bond, but its taking does not stay the effect or enforcement of 4.e oA temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.
The appeal may be takenrm, without bond, but its taking does not stay the effect or enforcement of the order.
4.
A temporary or extended order must specify, as applicable, the county and city, if any, in which the residence, school, child care facility or other provider of child care, and place of employment of the applicant or minor child are located.
[(1)] (I) A concentration of alcohol of 0.08 or more in the person’s blood or breath;
[(1)] (I) A concentration of alcohol of 0.08 or more in the person’[(2)] (II) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.
or - *AB19_R1* – 5 – [(2)] (II) An amount of a prohibited substance in the person’s blood or urine, as applicable, that is equal to or greater than the amount set forth in subsection 3 or 4 of NRS 484C.110.
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[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.
[and to file with or mail to the clerk of the - 80th Session (2019) – 5 – court proof of service by the end of the next business day after service is made.
(a) That the adverse party must contact the law enforcement agency within 24 hours of the attempted personal service and the exa(b) The contact information for the law enforcement agency, including, without limitation, the phone number of the law enf3.
(a) That the adverse party must contact the law enforcement exact time in which the 24-hour period expires;
andrvice and the (b) The contact information for the law enforcement agency, including, without limitation, the phone number of the law enforcement agency.
3.
(a) That the law enforcement agency, with due diligence, attempted to locate and personally serve the adverse party three times and left corresponding notices at his or her place of residence after each attempted service pursuant to subsection 2;
(a) That the law enforcement agency, with due diligence, attempted to locate and personally serve the adverse party three residence after each attempted service pursuant to subsection 2;
and - *AB19_R1* – 6 – (b) The contact information of the adverse party, including, without limitation, the known or last known phone number and residential address of the adverse party and the name and commercial address of his or her place of employment.
and (b) The contact information of the adverse party, including, without limitation, the known or last known phone number and residential address of the adverse party and the name and commercial address of his or her place of employment.
6.
- 80th Session (2019) – 6 – 6.
If the applicant files an application for an extended order at the same time as his or her application for a temporary order or before such time that a law enforcement agency is able to successfully serve the temporary order on the adverse party, the application for the extended order and notice of the hearing thereon must be served with the temporary order in accordance with the procedures set forth in subsections 1 to 5, inclusive, service of the temporary order pursuant to subsections 1 to 5, inclusive.
If the applicant files an application for an extended order at the same time as his or her application for a temporary order or before such time that a law enforcement agency is able to successfully serve the temporary order on the adverse party, the thereon must be served with the temporary order in accordance with the procedures set forth in subsections 1 to 5, inclusive, regardless of whether the law enforcement agency has commenced service of the temporary order pursuant to subsections 1 to 5, inclusive.
extended order without regard to the county in which the order was issued.
8.
A law enforcement agency shall enforce a temporary or extended order without regard to the county in which the order was issued.
(a) Delivering a copy of the application for an extended order [,] and the notice of hearing thereon [and a copy of the temporary order] to the current place of employment of the adverse party;
and the notice of hearing thereon [and a copy of the temporaryder [,] order] to the current place of employment of the adverse party;
and (b) Thereafter, mailing a copy of the application for an extended order [,] and the notice of hearing thereon [and a copy of the - *AB19_R1* – 7 – temporary order] to the adverse party at the adverse party’s current place of employment.
and (b) Thereafter, mailing a copy of the application for an extended order [,] and the notice of hearing thereon [and a copy of the temporary order] to the adverse party at the adverse party’s current place of employment.
(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;
- 80th Session (2019) – 7 – (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;
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.
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 adv4.
4.
Upon completion of service pursuant to this section, 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 pro6.
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.
ofAn 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.
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.
A temporary order expires within such time, not to exceed 30 days, as the court fixes.
A temporary order expires within such time, not to order is filed within the period of a temporary order or at the samed time that an application for a temporary order is filed, the temporary order remains in effect until:
If an application for an extended order is filed within the period of a temporary order or at the same time that an application for a temporary order is filed, the temporary order remains in effect until:
or - *AB19_R1* – 8 – (b) If the court schedules a second or third hearing pursuant to subsection 4 or 5 of NRS 33.020, the date on which the second or third hearing on an application for an extended order is held.
or (b) If the court schedules a second or third hearing pursuant to subsection 4 or 5 of NRS 33.020, the date on which the second or third hearing on an application for an extended order is held.
3.
- 80th Session (2019) – 8 – 3.
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.] 2 years.
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.] years.
At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear and move for its dissolution or modification based on changes of circumstance of the parties, and in that event the court shall proceed to hear and determine such motion as expeditiously as the ends of justice require.
At any time while the extended order is in effect, the party who obtained the extended order or the adverse party may appear circumstance of the parties, and in that event the court shallof proceed to hear and determine such motion as expeditiously as the ends of justice require.
33.085.
Sec.
1.
3.
Except as otherwise provided in subsection 2, an order for protection against domestic violence issued by the court of including, without limitation, any provisions in the order related to custody and support, is valid and must be accorded full faith and credit and enforced by the courts of this state as if it were issued by a court in this state, regardless of whether the order has been registered in this state, if the court in this state determines that:
NRS 33.085 is hereby amended to read as follows:
33.085 1.
Except as otherwise provided in subsection 2, an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States, including, without limitation, any provisions in the order related to custody and support, is valid and must be accorded full faith and credit and enforced by the courts of this state as if it were issued by a court in this state, regardless of whether the order has been registered in this state, if the court in this state determines that:
and (b) 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 an opportunity to be heard within the time required by the laws of the issuing state, territory or tribe and, in any event, within a reasonable time after the order was issued.
and (b) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an opportunity to be heard within the time required by the laws ofnd the issuing state, territory or tribe and, in any event, within a reasonable time after the order was issued.
- *AB19_R1* – 9 – (a) No counter or cross-petition or other pleading was filed by the adverse party;
(a) No counter or cross-petition or other pleading was filed by the adverse party;
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 applicant 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, - 80th Session (2019) – 9 – the court shall refuse to enforce the order against the applicant and may determine whether to issue its own temporary or extended order.
A law enforcement officer shall enforce an order for protection against domestic violence issued by the court of another state, territory or Indian tribe and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this state unless it is apparent to the officer that the order is not authentic on its face.
A law enforcement officer shall enforce an order for protection against domestic violence issued by the court of another state, territory or Indian tribe and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this state unless it is apparent to the officer that an order is authentic on its face if the order contains:
An officer shall determine that an order is authentic on its face if the order contains:
determine that (a) The names of the parties;
(a) The names of the parties;
face.officer may determine that any other order is authentic on its 4.
An officer may determine that any other order is authentic on its face.
In enforcing an order for protection against domestic or arresting a person for a violation of such an order, a lawndian tribe enforcement officer may rely upon:
4.
In enforcing an order for protection against domestic violence issued by the court of another state, territory or Indian tribe or arresting a person for a violation of such an order, a law enforcement officer may rely upon:
(b) An order for protection against domestic violence 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;
(b) An order for protection against domestic violence that is included in the Repository for Information Concerning Orders for Protection [Against Domestic Violence] pursuant to NRS 33.095 or in (c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective;
(c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective;
The fact that an order has not been registered or included in the Repository for Information Concerning Orders for Protection - *AB19_R1* – 10 – [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 an 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 - 80th Session (2019) – 10 – 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.
A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belief.
A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belSec.
Sec.
or times is guilty of a category D felony and shall be punished ase provided in NRS 193.130.
or (c) Who has previously violated an extended order two or more times is guilty of a category D felony and shall be punished as provided in NRS 193.130.
extended order may be prosecuted as a separate violation of the order.
Each act that constitutes a violation of the temporary or extended order may be prosecuted as a separate violation of the order.
Except as otherwise provided in subsection 4 and NRS 33.146, a law enforcement officer shall enforce a Canadian domestic-violence protection order and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face.
Except as otherwise provided in subsection 4 and NRS 33.146, a law enforcement officer shall enforce a Canadian violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face.
- *AB19_R1* – 11 – An officer may determine that any other order is authentic on its face.
- 80th Session (2019) – 11 – 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] 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 dat(c) Oral or written confirmation from a law enforcement agency or court in which the order was issued that the order is valid and effective;
(c) Oral or written confirmation from a law enforcement agency or court in which the order was issued that the order is valid and effective;
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 officer that the order is not authentic on its face.s apparent to the 4.
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.
If a law enforcement officer determines that an otherwise enforced because the adverse party has not been notified of or served with the order, the officer shall notify the protected person that the officer will make reasonable efforts to contact the adverse party, consistent with the safety of the protected person.
4.
If a law enforcement officer determines that an otherwise valid Canadian domestic-violence protection order cannot be enforced because the adverse party has not been notified of or served with the order, the officer shall notify the protected person party, consistent with the safety of the protected person.
125.560 [A] 1.
125.560 [A] - 80th Session (2019) – 12 – 1.
- *AB19_R1* – 12 – 1.
1.
(a) Where the order or injunction is in the nature of a temporary order for protection against domestic violence, for a misdemeanor .
(a) Where the order or injunction is in the nature of a temporary order for protection against domestic violence, for a for the act that constitutes the violation of the order or injunction.] (b) Where the order or injunction is in the nature of an extended order for protection against domestic violence and:
[, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order or injunction.] (b) Where the order or injunction is in the nature of an extended order for protection against domestic violence and:
For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a 33.100, inclusive.ded order issued pursuant to NRS 33.017 to Sec.
For the purposes of this section, an order or injunction is in the nature of a temporary or extended order for protection against domestic violence if it grants relief that might be given in a temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
Sec.
(Deleted by amendment.) 179A.350 NRS1.
(Deleted by amendment.) Sec.
The Repository for Information Concerningws:
8.
NRS 179A.350 is hereby amended to read as follows:
(b) Temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State pursuant to section 10.7 of this act;
- 80th Session (2019) – 13 – (b) Temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State pursuant to section 10.7 of this act;
and - *AB19_R1* – 13 – (c) Temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault issued in this State pursuant to section 10.3 of this act.
and (c) Temporary and extended orders for protection against a person alleged to have committed the crime of sexual assault issued in this State pursuant to section 10.3 of this act.
4.
NRS 33.095 and sections 10.3 and 10.7 of this act must be enteredo in the Repository for Information Concerning Orders for Protection .
Information received by the Central Repository pursuant to NRS 33.095 and sections 10.3 and 10.7 of this act must be entered in the Repository for Information Concerning Orders for Protection .
The existence of a record of an expired temporary or extended order for protection in the Repository for Information Concerning Orders for Protection does not prohibit a person from unless such conduct violates:it to carry a concealed firearm (a) A court order;
The existence of a record of an expired temporary or extended order for protection in the Repository for Information Concerning Orders for Protection does not prohibit a person from obtaining a firearm or a permit to carry a concealed firearm unless such conduct violates:
(a) A court order;
(a) The total number of temporary and extended orders that were granted by the court [pursuant to NRS 33.020] during the calendar year to which the report pertains;
- 80th Session (2019) – 14 – (a) The total number of temporary and extended orders that were granted by the court [pursuant to NRS 33.020] during the calendar year to which the report pertains;
- *AB19_R1* – 14 – (d) The number of temporary and extended orders that were vacated or expired;
(d) The number of temporary and extended orders that were vacated or expired;
(e) The number of temporary orders that included a grant of temporary custody of a minor child;
temporary custody of a minor child;
and (f) The number of temporary and extended orders that were served on the adverse party.
andhat included a grant of (f) The number of temporary and extended orders that were served on the adverse party.
Any time a court issues a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault and any time a person serves such an order, or receives any information or takes any other action the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Central ofRepositoryHisinrya anmannerrmatwhichequiensuresthethat the information is received by the Central Repository by the end of the next business day.
Any time a court issues a temporary or extended order for protection against a person alleged to have committed the crime of sexual assault and any time a person serves such an pursuant to this section and NRS 200.378 to 200.3783, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
Any time a court issues a temporary or extended order for protection against stalking, aggravated stalking or harassment and any time a person serves such an order, or receives any information or takes any other action pursuant to this section and NRS 200.571 to 200.601, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
Any time a court issues a temporary or extended order for protection against stalking, aggravated stalking or harassment and any time a person serves such an order, or receives any information or takes any other action pursuant to this section and NRS 200.571 to 200.601, inclusive, the court or person, as applicable, shall cause to be transmitted, in the manner - 80th Session (2019) – 15 – prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the Central Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.
Sec.
Secs.
11.
11 and 12.
12.
(Deleted by amendment.) - *AB19_R1* – 15 – Sec.
A temporary order may be converted by the court, upon notice to the adverse party and a hearing, into an extended order effective for no more than [1 year.] 2 years.
A temporary order may be hearing, into an extended order effective for no more than [1 year.] years.
H - *AB19_R1*
~~~~~ 19 - 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 477.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. From committee: Do pass, as amended. Placed on General File. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 38, Nays: None, Excused: 3, Vacant: 1.) To Senate. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  7. From printer. To engrossment. Engrossed. First reprint. To committee.

  8. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 296.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  9. Notice of eligibility for exemption.

  10. Read first time. To committee.

  11. From printer.

  12. Prefiled. Referred to Committee on Judiciary. To printer.

Sponsors

  • Assembly Committee on Judiciary · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee on Judiciary

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

Show all 66 →

"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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 19 do?
AN ACT relating to orders for protection; revising provisions relating to service of process of temporary and extended orders for protection against domestic violence; increasing the duration that certain temporary and extended orders for protection remain effective; increasing the penalty for certain violations of temporary and extended orders for protection against domestic violence; renaming the Repository for Information Concerning Orders for Protection Against Domestic Violence to the Repository for Information Concerning Orders for Protection; requiring the Repository for Information Concerning Orders for Protection to include certain information and other records relating to orders for protection against a person alleged to have committed the crime of sexual assault, orders for protection against stalking, aggravated stalking or harassment and orders for protection against domestic violence; providing penalties; and providing other matters properly relating thereto.
Who sponsors AB 19?
AB 19 is sponsored by Assembly Committee on Judiciary.
What is the current status of AB 19?
This bill has been enacted into law. Introduced November 15, 2018. Enacted.
Where can I track AB 19?
Track AB 19 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 2 months ago · updated continuously

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