SB 7 — Makes various changes relating to certain orders for protection where the adverse party is a child under 18 years of age. (BDR 1-391)

(ReprintedSenate withBill amendmentsNo. adopted on April 13, 2021) FIRST REPRINT S.B.

77–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

7–COMMITTEE ON JUDICIARY (ON BEHALF OF THE N EVADA SUPREME C OURT ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes to the jurisdiction of certain courts relating to certain orders for protection where the adverse party is a child under 18 years of age.

(BDR 1-391) 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.

establishing procedures relating to orders declaring that the basis no longer exists for certain orders for protection be transmitted to the Central Repository for Nevada Records of Criminal History if the adverse party is a child under 18 years of age;

Existing law authorizes the issuance of orders for protection against domestic violence,stalking, harassmentaggravated instalking theor workplace,harassment. high-risk behavior, sexual assault, and 33.500-33.670, 200.378, 200.591) Existing law also provides that:

(NRS 33.017-33.100, 33.200-33.360, 33.500-33.670, 200.378, 200.591) Existing law also provides that:

and (2) the justice court has exclusive jurisdiction over actions for the issuance of orders for protection against harassment in the workplace, high-risk behavior, sexual assault, and stalking, aggSectionaggrSection 1 of this bill provides that if an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault, or stalking, aggravated stalking or harassment is sought against a child who is under 18 years of age, the district court has exclusive jurisdiction over any action relating to the issuance or dissolution of the order.

However, section 1 provides that the juvenile court has exclusive jurisdiction over any action in which it is alleged that a - *SB7_R1* – 2 – child who is the adverse party to any such order has committed a delinquent act by violating a condition of the order.

courts that have SectionIf 3 of this bill provides that the changes in this bill apply to an order for protection against domestic violence, harassment in the workplace, high-risk behavior, sexual assault,assault or stalking, aggravated stalking or harassment that is issued onagainst ora afterchild Octoberunder 1,18 2021,years andof aage courtand thatinformation issuedconcerning suchthe an order beforefor protectedprotection byis transmitted to the order,Central andRepository allfor proceedingsNevada relatingRecords toof Criminal History, section 2.7 of this bill authorizes the order.subjectchild to orpetition THEa PEOPLEcourt OFfor THEan STATEorder OFdeclaring NEVADA,that REPRESENTEDthe INbasis SENATEno ANDlonger ASSEMBLY,exists DOfor ENACTthe ASinformation FOLLOWS:to be transmitted to the Central Repository.

Section 2.7 also establishes petitioned information from the Central Repository.

Finally, section 2.7 establishes procedures relating to the circumstances under which the Central Repository fails to comply with the order to remove the petitioned information.

Section 2.3 of this bill makes a conforming change relating to the petition for and the issuance of an order declaring that the basis no longer exists for an order for protection against high-risk behavior.

- 81st Session (2021) – 2 – Section 3 of this bill provides that the changes in this bill apply to an order for behavior, sexual assault, or stalking, aggravated stalking or harassment that is issued on or after October 1, 2021, and a court that issued such an order before October 1, 2021, retains jurisdiction over the order, all persons subject to or protected by the order, and all proceedings relating to the order.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

The district court may,shall at its discretion, appoint counsel for a child who is the adverse party against whom an order listed in subsection 1 is sought.sought upon:

(a) The issuance of any ex parte or temporary order listed in subsection 1;

or (b) Notice of an adversarial hearing on an application for an order listed in subsection 1.

The juvenile court has exclusive jurisdiction over any action in which it is alleged that a child who is the adverse party in - 81st Session (2021) – 3 – an order listed in subsection 1 has committed a delinquent act by violating a condition set forth in the order.

If the district court issues an order listed in subsection 1 and the adverse party reaches the age of 18 years while the order - *SB7_R1* – 3 – is still in effect, the order remains effective against the adverse party until the order expires or is dissolved by the district court.

The district court shall automatically seal all records related to the application for, consideration of,of and issuance of an order listed in subsection 1 as provided in NRS 62H.140 upon the dissolution or expiration of the order or when the adverse party reaches the age of 2118 years.years, whichever is earlier, unless, at such a time, the order is still in effect, in which case the records must be automatically sealed by the district court upon the expiration or dissolution of the order.

(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 damagedam(c) claimedExcept doesas otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceedexceeding $15,000.$15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

(c) Except as otherwise provided in paragraph (l), in actions for a fine, penalty or forfeiture not exceeding $15,000, given by statute or the ordinance of a county, city or town, where no issue is raised by the answer involving the legality of any tax, impost, assessment, toll or municipal fine.

- 81st Session (2021) – 4 – (g) Of actions for the possession of lands and tenements where the relation of landlord and tenant exists, when damages claimed do not exceed $15,000 or when no damages are claimed.

(h) Of actions when the possession of lands and tenements has been unlawfully or fraudulently obtained or withheld, when damages claimed do not exceed $15,000 or when no damages are claimed.

- *SB7_R1* – 4 – (j) Of actions for the enforcement of mechanics’ liens, where the amount of the lien sought to be enforced, exclusive of interest, does not exceed $15,000.

[or] (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for thethece court issuance of the order for protection be conducted before the district court [.] ;

[or] - 81st Session (2021) – 5 – (3) If a district court issues a written order to the justice court requiring that further proceedings relating to the action for the issuance of the order for protection be conducted before the district court [.] ;

or (4)sought Whereis under 18 years of age.ty against whom the order is (o) In an action for the issuance of a temporary or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive [.] , where the adverse party against whom the order is sought is under 18 years of age.age or older.

(o)(p) In ansmall actionclaims foractions under the issuanceprovisions of achapter temporary73 or extended order for protection against harassment in the workplace pursuant to NRS 33.200 to 33.360, inclusive [.] , where the adverse party against whom the order is sought is 18 years of ageNRS. or older.

- *SB7_R1* – 5 – (p) In small claims actions under the provisions of chapter 73 of NRS.

2.civil actions, other than for forcible entry or detainer, in which the title of real property or mining claims or questions affecting the boundaries of land are involved.