SB 480 — Revises provisions relating to courts. (BDR 1-978)

(ReprintedSenate withBill amendmentsNo. adopted on June 3, 2019) THIRD REPRINT S.B.

480480–Senators SGoicoechea ENATEand BSettelmeyer ILLNJoint O.Sponsor:

480–SENATORSAssemblyman GOICOECHEAEllison ANDCHAPTER.......... SETTELMEYER M ARCH 25, 2019 ____________ JOINT SPONSOR :

ASSEMBLYMAN ELLISON ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to courts.

(BDR 1-978) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiExisting Counsel’slaw Digest:provides that no court, except a justice court or a municipal court, may be opened or transact business on a Sunday or any day declared to be a legal holiday, except for certain purposes.

Existing law provides that no court, except a justice court or a municipal court, holiday, except for certain purposes.

Ifpopulation of the scheduletownship, requiresexisting anlaw additionalprovides justicethat ofif thea peacemajority dueof tothe anjustices increasedof the peace in the township submit to the Legislature and the board of county justices of commissioners an opinion stating that the caseload of the court does not warrant an additional judge, the number of justices of the peace in that township is prohibited from being increased while the Legislature considers the opinion.

(NRS 4.020) Section 2 of this bill revises this process by requiring the justices of the peace to consult with the board of county commissioners in reaching an opinion as to wheExistingwhether lawthe establishescaseload of the jurisdictioncourt ofwarrants justicean courts.additional judge.

(NRS 4.370) Section 3 of this bill extends the jurisdiction of justice courts, under certain circumstances, - *SB480_R3* – 2 – to include any action for the issuance of an ex parte or extended order for protection against high-risk behavior.

291 of this session requires a court to issue an ex parte order pursuant to a verified application if the court finds by a preponderance of the evidence that:

(1) a person poses an imminent risk of causing personal injury to himself or herself or another person by possessing or having under his or her custody or control or by purchasing or otherwise acquiring any firearm;options have been exhausted or are not effective.

(2)Section the4 personof hasthis engagedbill inmakes high-riskaive behavior;technical correction.

andEXPLANATION (3)– lessMatter restrictivein optionsbolded haveitalics beenis exhaustednew; or are not effective.

Sectionmatter 4between ofbrackets this[omitted billmaterial] makesis amaterial technicalto correction.be omitted.

THE- PEOPLE80th OFSession THE(2019) STATE– OF2 NEVADA,– REPRESENTEDTHE IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:FOLLOWS:D IN Section 1.

Section 1.

(e) For the issue of a writ of attachment, which may be issued on each and all of the days above enumerated upon the plaintiff, or some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment asasdavit follows:

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 - *SB480_R3* – 3 – commenced on other days, whether a lien be obtained or a levy made under and by virtue of the writ.

Except as otherwise provided in subsection 3, the number of justices of- the80th peaceSession in(2019) a– township3 must– be increased according to the population of the township, as certified by the Governor in even- numbered years pursuant to NRS 360.285, in accordance with and not to exceed the following schedule:

(b) In a county whose population is 100,000 or more and less the township, or fraction thereof.eace for each 50,000 population of (c) In a county whose population is less than 700,000,100,000, one justice of the peace for each [34,000] 50,000 population of the township, or fraction thereof.

(c) In a county whose population is less than 100,000, one justice of the peace for each [34,000] 50,000 population of the township, or fraction thereof.

If the schedule set forth in subsection 1 provides for an increase in the number of justices of the peace in a township and [, in the opinion of] a majority of the justices of the peace in that township, in consultation with the board of county commissioners, determine that the caseload does not warrant an additional justice of the peace, the justices of the peace shall notify the Director of the - *SB480_R3* – 4 – Legislative Counsel Bureau and the board of county commissioners of their opinion on or before March 15 of the even-numbered year in which the population of the township provides for such an increase.

If the justices of the peace transmit such a notice to the Director of the Legislative Counsel Bureau and the board of county- commissioners,80th theSession number(2019) of– justices4 must– not be increased during that period unless the Legislature, by resolution, expressly approves the increase.

The clerk of the board of county commissioners shall, within 10 days after the election or appointment and qualification of any justice of the peace, certify under seal to the Secretary of State the election or appointment and qualification of the justice of the peace.

(a)if the sum claimed, exclusive of interest, does not exceed $15,000.y, (b) In actions arisingfor ondamages contractfor 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 recoveryverified answer of moneythe only,defendant ifinvolving the sumtitle claimed,to exclusiveor boundaries of interest,the real property, if the damage claimed does not exceed $15,000.

(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 $15,000.

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 $15,000.

(e)(f) InTo actionstake toand recoverenter judgment on the possessionconfession of personala property,defendant, ifwhen the valueamount ofconfessed, theexclusive propertyof interest, does not exceed $15,000.

- *SB480_R3* – 5 – (f) To take and enter judgment on the confession of a defendant, when the amount confessed, exclusive of interest, does not exceed $15,000.

(h)- Of80th actionsSession when(2019) the– possession5 of– lands and tenements has been unlawfully or fraudulently obtained or withheld, whenwhents has damages claimed do not exceed $15,000 or when no damages are claimed.

A justice court does not have jurisdiction in an action for the issuance of a temporary or extended order for protection against domesticdomesticsuance violence:

A justice court does not have jurisdiction in an action for the issuance of an ex parte or extendedextende(1) orderIn fora protectioncounty againstwhose high-riskpopulation behavior:is 100,000 or more but less than 700,000;

(1) In a county whose population is 100,000 or more but less than 700,000;