Nevada 2019 Regular Session Status: Enacted 2 D cosponsors

SB 218 — Revises provisions relating to domestic violence. (BDR 3-316)

Last action — Chapter 479.

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

This bill has been enacted into law. Introduced February 18, 2019. Enacted.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Likely to advance 62% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 9 sponsors

    9 primary, 0 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (2 D).

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

AN ACT relating to domestic violence; revising provisions relating to temporary and extended orders for protection against domestic violence; revising provisions relating to the crime of battery which constitutes domestic violence; providing penalties; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

397 added · 394 removed

397 line(s) added, 394 removed.

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(Reprinted with amendments adopted on May 22, 2019) FIRST REPRINT S.B.
Senate Bill No.
218 S ENATE BILL N O.
218–Senators Cannizzaro, Spearman;
218–S ENATORS C ANNIZZARO , SPEARMAN ;
Brooks, Denis, Dondero Loop, Parks, Scheible and Woodhouse CHAPTER..........
B ROOKS , DENIS, DONDERO L OOP , ARKS , SCHEIBLE AND W OODHOUSE FEBRUARY 18, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic violence.
(BDR 3-316) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
LegExisting law sets forth certain unlawful acts which constitute domestic violence when committed against certain persons.
Legislative Counsel’s Digest:
Existing law sets forth certain unlawful acts which constitute domestic violence when committed against certain persons.
(NRS 33.020) Section 1 of this bill prohibits a court, when determining whether to grant such an order, from considering any factor other than whether a petitioner was the victim of domestic violence or a threat thereof.
(NRS 33.020) Section 1 of this bill prohibits a court, when determining whether to grant such an order, from considering any factor other than whether a petiExisting law provides that a person is guilty of a misdemeanor for intentionally violating a temporary or extended order for protection against domestic violence.
violating a temporary or extended order for protection against domestic violence.ly (NRS 33.100) Section 3 of this bill provides that a person who intentionally violates an extended order for protection against domestic violence and who has not previously violated such an order is guilty of a misdemeanor.
(NRS 33.100) Section 3 of this bill provides that a person who intentionally violates an extended order for protection against domestic violence and who has not previously violated such an order is guilty of a misdemeanor.
or (2) a times.
or (2) a category D felony if the person has previously violated such an order two or more times.
such an order two or more Existing law makes it a category B felony, punishable by a minimum term of imprisonment of 2 years and a maximum term of 15 years and a fine of not less than $2,000 but not more than $5,000, to commit a battery which constitutes - *SB218_R1* – 2 – domestic violence if the person has previously been convicted of:
Existing law makes it a category B felony, punishable by a minimum term of imprisonment of 2 years and a maximum term of 15 years and a fine of not less than $2,000 but not more than $5,000, to commit a battery which constitutes domestic violence if the person has previously been convicted of:
or (3) a violation of the law of any other jurisdiction that prohibits conduct that is the same or similar to a felony in this State for committing a battery which constitutes if such a person commits a battery which constitutes domestic violence and thethat person has previously been convicted of a battery with the use of a deadly weapon against a person who would otherwise qualify as a victim of domestic violence, the person is guilty of such a category B felony punishable by a minimum term of imprisonment of 2 years and a maximum term of 15 years, and a fine of not less conforming changes.
or (3) a violation of the law of any other jurisdiction that prohibits conduct that is the same or similar to a felony in this State for committing a battery which constitutes domestic violence.
(NRS 200.485) Section 7 of this bill additionally provides that if such a person commits a battery which constitutes domestic violence and the person has previously been convicted of a battery with the use of a deadly weapon against a person who would otherwise qualify as a victim of domestic violence, the person is guilty of such a category B felony punishable by a minimum term of imprisonment of 2 years and a maximum term of 15 years, and a fine of not less conforming changes.
Sections 2 and 4-6 of this bill make THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Sections 2 and 4-6 of this bill make EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
80th Session (2019) – 2 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- *SB218_R1* – 3 – [5.] 6.
[5.] 6.
[7.] 8.
80th Session (2019) – 3 – [7.] 8.
If such an order is received by the facility in custody, the order must be personally served by an authorized still employee of the facility before the alleged perpetrator is released.
If such an order is received by the facility holding the alleged perpetrator while the alleged perpetrator is still in custody, the order must be personally served by an authorized employee of the facility before the alleged perpetrator is released.
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 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.
- *SB218_R1* – 4 – Sec.
Sec.
or (b) If the court schedules a second or third hearing pursuant to subsection [4] 5 or [5] 6 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] 5 or [5] 6 of NRS 33.020, the date on which the 80th Session (2019) – 4 – second or third hearing on an application for an extended order is held.
constitutes the violation of the order.]ribed by law for the act that 2.
[, unless a more severe penalty is prescribed by law for the act that constitutes the violation of the order.] 2.
of a misdemeanor;t previously violated an extended order is guilty (b) Who has previously violated an extended order one time is guilty of a gross misdemeanor;
(a) Who has not previously violated an extended order is guilty of a misdemeanor;
(b) Who has previously violated an extended order one time is guilty of a gross misdemeanor;
- *SB218_R1* – 5 – (c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(c) For the exercise of the power of a magistrate in a criminal action or in a proceeding of a criminal nature.
(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 as follows:
(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 80th Session (2019) – 5 – some person on behalf of the plaintiff, setting forth in the affidavit required by law for obtaining the writ the additional averment as follows:
125.560 1.NRS A person who intentionally violates a restraining order or injunction [:
Sec.
for protection against domestic violence [;] and or extended order [2.
5.
NRS 125.560 is hereby amended to read as follows:
125.560 1.
A person who intentionally violates a restraining order or injunction [:
1.
That] that is in the nature of a temporary or extended order for protection against domestic violence [;] and [2.
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or (3) The person has previously violated an extended order for protection against domestic violence two or more times, for a - *SB218_R1* – 6 – category D felony and shall be punished as provided in NRS 193.130.
or (3) The person has previously violated an extended order for protection against domestic violence two or more times, for a category D felony and shall be punished as provided in NRS 193.130.
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.
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 80th Session (2019) – 6 – temporary or extended order issued pursuant to NRS 33.017 to 33.100, inclusive.
person and the person makes an arrest immediately after the offense is committed;
(d) When the offense is committed in the presence of a private person and the person makes an arrest immediately after the offense is committed;
NRS 171.137;the arrest is made in the manner provided in (f) [When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;
(e) When the arrest is made in the manner provided in NRS 171.137;
(f) [When the offense charged is a violation of a temporary or extended order for protection against domestic violence issued pursuant to NRS 33.017 to 33.100, inclusive;
- *SB218_R1* – 7 – The person shall be further punished by a fine of not less than $200, but not more than $1,000.
The person shall be further punished by a fine of not less than $200, but not more than $1,000.
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
A term of imprisonment imposed pursuant to this paragraph may be served intermittently at the 80th Session (2019) – 7 – discretion of the judge or justice of the peace, except that each period of confinement must be not less than 4 consecutive hours and must occur at a time when the person is not required to be at his or her place of employment or on a weekend.
200.481, a person who has been previously convicted of:o NRS (a) A battery which constitutes domestic violence pursuant to of subsection 1 or subsection 2;
3.
[or]lony pursuant to paragraph (c) (b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481;
Unless a greater penalty is provided pursuant to NRS 200.481, a person who has been previously convicted of:
(a) A battery which constitutes domestic violence pursuant to NRS 33.018 that is punishable as a felony pursuant to paragraph (c) of subsection 1 or subsection 2;
[or] (b) A battery which constitutes domestic violence pursuant to NRS 33.018, if the battery is committed with the use of a deadly weapon as described in NRS 200.481;
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 - *SB218_R1* – 8 – months, at his or her expense, in a program for the treatment of persons who commit domestic violence that has been certified pursuant to NRS 439.258.
(a) For the first offense within 7 years, require the person to participate in weekly counseling sessions of not less than 1 1/2 hours per week for not less than 6 months, but not more than 12 months, at his or her expense, in a program for the treatment of 80th Session (2019) – 8 – persons who commit domestic violence that has been certified pursuant to NRS 439.258.
An offense which is listed in paragraph (a) , [or] (b) or (c) of principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a convictions.
An offense which is listed in paragraph (a) , [or] (b) or (c) of subsection 3 that occurred on any date preceding the date of the principal offense or after the principal offense constitutes a prior offense for the purposes of this section when evidenced by a conviction, without regard to the sequence of the offenses and convictions.
8.
80th Session (2019) – 9 – 8.
If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of - *SB218_R1* – 9 – the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services.
If it appears from information presented to the court that a child under the age of 18 years may need counseling as a result of the commission of a battery which constitutes domestic violence pursuant to NRS 33.018, the court may refer the child to an agency which provides child welfare services.
In every judgment of conviction or admonishment of rights iss(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any(b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
In every judgment of conviction or admonishment of rights issued pursuant to this section, the court shall:
(a) Inform the person convicted that he or she is prohibited from owning, possessing or having under his or her custody or control any firearm pursuant to NRS 202.360;
and (b) Order the person convicted to permanently surrender, sell or transfer any firearm that he or she owns or that is in his or her possession or under his or her custody or control in the manner set forth in NRS 202.361.
The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
The court must include in the judgment of conviction or admonishment of rights a statement that a violation of such a provision in the judgment or admonishment is a category B 80th Session (2019) – 10 – felony and shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of not more than 6 years, and may be further punished by a fine of not more than $5,000.
- *SB218_R1* – 10 – 12.
12.
H - *SB218_R1*
~~~~~ 19 80th Session (2019)
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Amendments

1 amendment

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Action History

  1. Chapter 479.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Assembly Amendment No. 819 concurred in. To enrollment.

  5. In Senate.

  6. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 1, Vacant: 1.) To Senate.

  7. Read second time. Amended. (Amend. No. 819.) To printer.

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

  9. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

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

  11. Read second time.

  12. From committee: Do pass.

  13. Notice of eligibility for exemption.

  14. From printer. To committee.

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

Sponsors

Sponsorship breakdown

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9 sponsors · 0 co-sponsors · 58 not signed on

Sponsors (9)

Co-sponsors (0)

None.

Not signed on (58)

58 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.

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 SB 218 do?
AN ACT relating to domestic violence; revising provisions relating to temporary and extended orders for protection against domestic violence; revising provisions relating to the crime of battery which constitutes domestic violence; providing penalties; and providing other matters properly relating thereto.
Who sponsors SB 218?
SB 218 is sponsored by Senator Moises Denis, Senator Marilyn Dondero Loop, Senator David Parks, Scheible, Melanie (Democratic), Cannizzaro, Nicole J. (Democratic), Joyce Woodhouse, Chris Brooks, Kelvin Atkinson, and Pat Spearman.
What is the current status of SB 218?
This bill has been enacted into law. Introduced February 18, 2019. Enacted.
Where can I track SB 218?
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