Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB404 504 Amendment No.
404–Committee504 onAssembly JudiciaryAmendment CHAPTER..........to Assembly Bill No.
404 (BDR 3-1023) Proposed by:
Assembly Committee on Ways and Means Amends:
Summary:
No Title:
No Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
JDK/BAW - Date:
5/10/2021 A.B.
No.
404—Revises provisions relating to orders for protection against domestic violence.
(BDR 3-1023) Page 1 of 5 *A_AB404_504* Assembly Amendment No.
504 to Assembly Bill No.
404 Page 3 A SSEMBLY B ILLN O.
404–COMMITTEE 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.
Existing law authorizes a person to file an application for a temporary or extended order for protection against domestic violence but does not specify which county is the proper venue for filing such an application.
or (4) the act of domestic violence against the applicant by the adverse party occurred or there exists a threat of domestic violence against the applicant from the adverse party.
Section 3 of this bill authorizes an applicant for a temporary or extended order for protection against domestic violence to decline to disclose his or her address and contact information in an application under certain circumstances.
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, theessthe applicant may decline to disclose such information.
(1) must be disclosed to the court and,and , for criminal justice purposes, to any [appropriate law enforcement] other authorized agency [;] of criminal justice;
EXPLANATIONAssembly –Amendment MatterNo. in bolded italics is new;
matter504 between brackets [omitted material] is material to beAssembly omitted.Bill No.
404 Page 4 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
- 81st Session (2021) – 2 – 3.
33.017.Sec.
As2. used in NRS 33.017 to 33.100, inclusive, and:
sectionNRS 133.017 ofis thishereby act,amended unlessto theread contextas otherwisefollows: requires:
33.017 As used in NRS 33.017 to 33.100, inclusive, and section 1 of this act, unless the context otherwise requires:
A court shall only consider whether the act of domestic violence or the threat thereof satisfies the requirements of NRS 33.018 without considering any otherothe2.faA factortemporary inor itsextended determinationorder must not be granted to grantthe applicant or the temporaryadverse party unless the applicant or extendedthe order.adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
2.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.
A temporary or extended order must not be granted to the applicant or the adverse party unless the applicant or the adverse party has requested the order and has filed a verified application that an act of domestic violence has occurred or there exists a threat of domestic violence.
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 the application.
(a) Must be disclosed to the court and,and , for criminal justice purposes, to any [appropriate law enforcement] other authorized agency of criminal justice to allow the [law enforcement] 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.
5.Assembly Amendment No.
A504 hearingto onAssembly anBill applicationNo. for an extended order must be extended order is filed.
If404 thePage adverse5 party5. has not been servedhe 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.
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 served 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 circumstances,temporary theorder. court shall confirm with the appropriate lawsuch enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody.
Before approving an order under such circumstances, the court shall confirm with the appropriate law enforcement agency that the applicant is an alleged victim and that the alleged perpetrator is in custody.
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 81stdays Sessionand (2021)holidays, –to 4receive –communications by telephone and for the issuance of a temporary order pursuant to subsection 8.
~~~~~ 21 - 81st Session (2021)