AB 404 — Revises provisions relating to orders for protection against domestic violence. (BDR 3-1023)

EXEMPTAssembly (ReprintedBill withNo. amendments adopted on May 13, 2021) FIRST REPRINT A.B.

404404–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

404–C OMMITTEE ON JUDICIARY M ARCH 25, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to orders for protection against domestic violence.

(BDR 3-1023) 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.

Existingextended laworder authorizesfor aprotection personagainst todomestic fileviolence anbut applicationdoes fornot aspecify temporarywhich or county is the proper venue for filing such an application.

(NRS 33.020) Section 1h1 of this bill authorizes an applicant to file an application in the county in which:

or (4) the act of domestic violence domestic violence against the applicant byfrom the adverse partyparty. occurred or there exists a threat of bill makes a conforming change to indicate the placement of section 1 within thes Nevada Revised Statutes.

Section 2 of this bill makes a conforming change to indicate the placement of section 1 within the Nevada Revised Statutes.

Section 3 provides that if the applicant reasonably believes that disclosing his or her address and contact information in the application would jeopardize his or her safety, thetheess discloseapplicant suchmay information,decline thento disclose such information:information.

If the applicant declines to disclose such information, then such information:

(2) must be maintained in a separate, confidential, electronic document or - *AB404_R1* – 2 – database which is not publicly accessible;

EXPLANATION – Matter in bolded italics is new;

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

- 81st Session (2021) – 2 – 3.

Sec.33.017.

2.As used in NRS 33.017 to 33.100, inclusive, and:

NRSsection 33.0171 isof herebythis amendedact, tounless readthe ascontext follows:otherwise requires:

33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:

If the applicant reasonably believes that disclosing his or her address and contact information in the application would jeopardize his or her safety, the applicant may decline to disclose his or her address and contact information in the application.

- *AB404_R1* – 3 – (a) Must be disclosed to the court and, for criminal justice purposes, to any other authorized agency of criminal justice to allow the agency of criminal justice to carry out any duty required pursuant to NRS 33.017 to 33.100, inclusive, and section 1 of this act;

- 81st Session (2021) – 3 – 4.

A hearing on an application for an extended order must be held within 45 days after the date on which the application for the extended order is filed.

If the adverse party has not been servedservedhe pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, 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 second hearing which must be held within 90 days after the date on which the first hearing was scheduled.

If it appears to the satisfaction of the court from specific facts communicated by telephone to the court by an alleged victim that an act of domestic violence has occurred and the alleged perpetrator of the domestic violence has been arrested and is presently in custody pursuant to NRS 171.137, the court may grant a temporarycircumstances, order.the court shall confirm with the appropriate lawsuch enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody.

BeforeUpon approvingapproval anby orderthe undercourt, suchthe circumstances,signed theorder courtmay shallbe confirmtransmitted withto the appropriatefacility lawwhere enforcement agency that the applicantalleged perpetrator is anin allegedcustody victimby andelectronic thator thetelephonic allegedtransmission perpetratorto isa infacsimile custody.machine.

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 - *AB404_R1* – 4 – a facsimile machine.

In a county whose population is 52,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial- days81st Session (2021) – 4 – telephone and holidays,for tothe receiveissuance communicationsof bya temporary order pursuant to subsection 8.

for the issuance of a temporary order pursuant to 10.

H~~~~~ 21 - *AB404_R1*81st Session (2021)