SB 147 — Establishes provisions relating to conditions of release that prohibit the contact or attempted contact of certain persons. (BDR 14-377)

andA (b)person Dealtwho withknowingly asviolates foran contemptorder imposing a condition of court.release prohibiting contact is guilty of a misdemeanor.

- *SB147_R1* – 3 – 7.

Nothing in this section shall be construed to require a court to receive a request pursuant to subsection 1 before issuing an order imposing a condition of release prohibiting contact.

Nothing in this section shall be construed to require a court to receive a request pursuant to subsection 1 before issuing an order imposing a condition of release prohibiting contact.

9.

(a) “Cancel” includes, without limitation, any act that would effectivelyincluding, terminatewithout alimitation:ion condition of release prohibiting contact, including,(1) withoutThe limitation:dismissal of the action or proceeding against the person;

(1)- The81st dismissalSession of(2021) the– action3 or– proceeding(2) againstA prosecuting attorney declining to prosecute the person;

(2)(3) The conviction of the person;

or (3)(4) The acquittal of the person.

(b) “Condition of release prohibiting contact” means a condition placed on a person who is released beforepending convictiontrial pursuant to NRS 178.484 or 178.4851 that prohibits the person from contacting or attempting to contact a specific person or from causing or attempting to cause another person to contact that person on the person’s behalf.

2.5.

NRS 179A.350 is hereby amended to read as follows:

179A.350 1.

The Repository for Information Concerning Orders for Protection is hereby created within the Central Repository.

2.

Except as otherwise provided in subsection 10, the contain a complete and systematic record of all:

Protection must (a) 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, including, without limitation, any information received pursuant to NRS 33.095;

(b) Temporary and extended orders for protection against stalking, aggravated stalking or harassment issued in this State pursuant to NRS 200.599;

[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 NRS 200.37835 [.] ;

and (d) Orders imposing, modifying, suspending or canceling a condition of release prohibiting contact issued in this State pursuant to section 1 of this act.

- 81st Session (2021) – 4 – Concerning Orders for Protection must be kept in accordance with the regulations adopted by the Director of the Department.

4.

Information received by the Central Repository pursuant to NRS 33.095, 200.37835 and 200.599 , and section 1 of this act must be entered in the Repository for Information Concerning Orders for Protection.

5.

The information in the Repository for Information Concerning Orders for Protection must be accessible by computer at all times to each agency of criminal justice.

6.

The Repository for Information Concerning Orders for Protection shall retain all records of an expired temporary or extended order for protection and all records of an expired, suspended or cancelled order imposing a condition of release prohibiting contact, unless any such [an] order is sealed by a court of competent jurisdiction.

7.

The existence of a record of an expired temporary or or cancelled order imposing a condition of release prohibitingnded contact 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;

or (b) Any provision of federal or state law.

8.

On or before July 1 of each year, the Director of the Department shall submit to the Director of the Legislative Counsel Bureau a written report concerning all temporary and extended orders for protection issued pursuant to NRS 33.020, 200.378 and 200.591 during the previous calendar year that were transmitted to the Repository for Information Concerning Orders for Protection.

The report must include, without limitation, information for each court that issues temporary or extended orders for protection pursuant to NRS 33.020, 200.378 and 200.591, respectively, con(a) The total number of temporary and extended orders that were granted by the court during the calendar year to which the report pertains;

(b) The number of temporary and extended orders that were granted to women;

(c) The number of temporary and extended orders that were granted to men;

(d) The number of temporary and extended orders that were vacated or expired;

- 81st Session (2021) – 5 – (e) The number of temporary orders that included a grant of temporary custody of a minor child;

and (f) The number of temporary and extended orders that were served on the adverse party.

9.

The information provided pursuant to subsection 8 must include only aggregate information for statistical purposes and must exclude any identifying information relating to a particular person.

10.

The Repository for Information Concerning Orders for Protection must not contain any information concerning an event that occurred before October 1, 1998.

11.

As used in this section, “Canadian domestic-violence proSec.

NRS(Deleted 207.200by isamendment.)ascribed hereby amended to readit asin follows:NRS 33.119.

207.200Sec. 1.

Unless a greater penalty is provided pursuant to NRS 200.603, any person who, under circumstances not amounting to a burglary:

(a) Goes upon the land or into any building of another with intent to vex or annoy the owner or occupant thereof, or to commit any unlawful act;

[or] (b) Willfully goes or remains upon any land or in any building after having been warned by the owner or occupant thereof not to trespass [,] ;

or (c) Is found on private or public property in violation of an order imposing a condition of release prohibiting contact issued pursuant to section 1 of this act,  is guilty of a misdemeanor.

The meaning of this subsection is not limited by subsections 2 and 4.

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A sufficient warning against trespassing, within the meaning of this section, is given by any of the following methods:

(a) Painting with fluorescent orange paint:

(1) Not less than 50 square inches of a structure or natural object or the top 12 inches of a post, whether made of wood, metal or other material, at:

(I) Intervals of such a distance as is necessary to ensure that at least one such structure, natural object or post would be within the direct line of sight of a person standing next to another such structure, natural object or post, but at intervals of not more than 1,000 feet;

and (II) Each corner of the land, upon or near the boundary;

and (2) Each side of all gates, cattle guards and openings that are designed to allow human ingress to the area;

(b) Fencing the area;

(c) Posting “no trespassing” signs or other notice of like meaning at:

(1) Intervals of such a distance as is necessary to ensure that at least one such sign would be within the direct line of sight of a person standing next to another such sign, but at intervals of not more than 500 feet;

and (2) Each corner of the land, upon or near the boundary;

(d) Using the area as cultivated land;

or (e) By the owner or occupant of the land or building making an oral or written demand to any guest to vacate the land or building.

3.

It is prima facie evidence of trespass for any person to be found on private or public property which is posted or fenced as provided in subsection 2 without lawful business with the owner or occupant of the property.

An1. entryman on land under the laws of the United States is an owner within the meaning of this section.

There is hereby appropriated from the State General Fund to the Central Repository for Nevada Records of Criminal History within the Records, Communications and Compliance Division of the Department of Public Safety the sum of $44,522 for the costs of computer programming to carry out the provisions of this act.

2.

Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2023, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 15, 2023, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State General Fund on or before September 15, 2023.

Sec.

As1. used in this section:

(a)This “Cultivatedsection land”and meanssection land4 thatof hasthis beenact clearedbecome ofeffective itsupon naturalpassage vegetation and isapproval. presently planted with a crop.

(b)2. “Fence” means a barrier sufficient to indicate an intent to restrict the area to human ingress, including, but not limited to, a wall, hedge or chain link or wire mesh fence.

TheSections term1 doesto not3, includeinclusive, aof barrierthis madeact ofbecome barbedeffective wire.on October 1, 2021.

(c)~~~~~ “Guest”21 means- any81st personSession entertained(2021) or to whom hospitality is extended, including, but not limited to, any person who stays overnight.

The term does not include a tenant as defined in NRS 118A.170.

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