SB 6 — Revises provisions governing orders for protection against high-risk behavior. (BDR 3-394)

- *SB6_R1* – 4 – (1) Issue an extended order pursuant to NRS 33.580;

or (2) Dismiss the verified application.application;

or shown, schedule a hearing in accordance with section 1.5 of this act.

In a county whose population is 100,000 or more, the court shall be available 24 hours a day, 7 days a week, including nonjudicial days and holidays, to conduct telephonic hearings pursuant to subsection 2.

- 81st Session (2021) – 5 – (1) Issue an extended order pursuant to NRS 33.580;

If the court declines to issue an emergency order at the hearing described in section 1.3 of this act or upon the request of subparagraph (3) of paragraph (b) of subsection 1 of section 1.3 of this act, the court shall, not later than 7 calendar days after the filing of the verified application pursuant to NRS 33.560, schedule a hearing to determine whether to:

- *SB6_R1* – 5 – (a) Issue an extended order pursuant to NRS 33.580;

Any time that a court issues a temporary or extended order and any time that a person serves such an order, registers such an order, registers a Canadian domestic-violence protection order or receives any information or takes any other action pursuant to NRS 33.017 to 33.100, inclusive, or NRS 33.110 to 33.158, inclusive, the person shall cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any information required by the CentralCentralcords of Repository in a manner which ensures that the information is received by the Central Repository by the end of the next business day.

- 81st Session (2021) – 6 – Sec.

33.500 As used in NRS 33.500 to 33.670, inclusive, and sections 1.3 and 1.5 of this act, unless the context otherwise requires, the words and terms defined in NRS 33.510 to 33.540, inclusive,incSec. have the meanings ascribed to them in those sections.

Sec.

NRShaNRS 33.520 is hereby amended to read as follows:follows:ns.

A law enforcement officer who has probable cause to believe that a person poses [a] an imminent risk of causing a self- inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or - *SB6_R1* – 6 – control or by] , controlling, purchasing or otherwise acquiring any firearm may file a verified application for an [ex parte or extended] order [.] for protection against high-risk behavior.

(a) The name of the person seeking the order [and whether he or she is requesting an ex parte order or an extended order;] for protectionpro(b) againstThe high-riskname behavior;and address, if known, of the person who is alleged to pose [a] an imminent risk pursuant to subsection 1 or 2;

(b) The name and address, if known, of the person who is alleged to pose [a] an imminent risk pursuant to subsection 1 or 2;

- 81st Session (2021) – 7 – Sec.

(a) That a person poses an imminent risk of causing a self- inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm;

- *SB6_R1* – 7 – 3.

Any such recording must be transcribed, certified by the reporter if the reporter made the recording and certified by the magistrate.

7.] The clerk of the court shall inform the applicant and the adverse party upon the successful transfer of information concerning - 81st Session (2021) – 8 – the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

The court shall issue an extended order if the court findsverified application filed pursuant to NRS 33.560:shown by cleara and(a) convincingThat evidencea fromperson factsposes showna byrisk of causing a verifiedself-inflicted applicationinjury filedor pursuanta personal injury to NRS[himself 33.560:or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm;

(a) That a person poses [a] an imminent risk of causing a self- inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling, purchasing or otherwise acquiring any firearm;

- *SB6_R1* – 8 – 3.] The clerk of the court shall inform the applicant and the adverse party upon the successful transfer of information concerning the registration to the Central Repository for Nevada Records of Criminal History as required pursuant to NRS 33.095.

Prohibit the adverse party from possessing or [having under hisorder oris herin custodyeffect.or or control] controlling any firearm while the order3. is in effect.

3.

- 81st Session (2021) – 9 – WARNING This is an official court order.

If you disobey this order, you may be arrested and prosecuted for the crime of violating an [ex parte] emergency or extended order and any other crime thatSec. you may have committed in disobeying this order.

Sec.8.t yNRS 33.600 is hereby amended to read as follows:

8.

NRS 33.600 is hereby amended to read as follows:

or - *SB6_R1* – 9 – (b) The law enforcement agency of the law enforcement officer who filed the verified application pursuant to NRS 33.560.

[If the court orders the adverse party to surrender any firearm to a law enforcement agency pursuant to paragraph (a) of subsection 1,] At the time any firearm is surrendered, the law enforcement agency shall provide the adverse party with a receipt which includes a description of each firearm surrendered and the adverse party shall, not later than [72 hours or] 1 business day [, whichever is later,] after surrendering any such firearm, provide the original receipt to the court.

4.] If there is probable cause to believe that the adverse party has not surrendered any firearm that is in [his or her] the possession or [under his or her custody or] control [within the time set forth in subsections 2 and 3, the court may issue and deliver to] of the adverse party, any law enforcement officer may apply to the court - 81st Session (2021) – 10 – for a search warrant which authorizes the officer to enter and search any place where there is probable cause to believe any such firearm is located and seize the firearm.

If, while executing a search warrant pursuant to subsection [4,] 3, the health or safety of the officer or the adverse party is put at risk because of any action of the adverse party, thethee law enforcement officer is under no duty to continue to attempt to execute the search warrant and the execution of the warrant shall be deemed unsuccessful.

and (2) Any [ex parte or extended] emergency order issued pursuant to NRS 33.570 [or 33.580] is dissolved or no longer in - *SB6_R1* – 10 – effect [;] or a court has issued an order to return the surrendered firearms pursuant to NRS 33.640, as applicable;

and (c) As soon as practicable but not more than [14]14 30 days after the dissolution or expiration of [an ex parte or extended] the emergency order [.

7.] or receiving the order to return the surrendered firearms pur6.antIf a person other than the adverse party claims title to any firearm surrendered or seized pursuant to NRSthis 33.640,section asand applicable.[he or she] the person is determined by the law enforcement agency to be the lawful owner, the firearm must be returned to [him or her,] the lawful owner, if:

6.

If a person other than the adverse party claims title to any firearm surrendered or seized pursuant to this section and [he or she] the person is determined by the law enforcement agency to be the lawful owner, the firearm must be returned to [him or her,] the lawful owner, if:

- 81st Session (2021) – 11 – Sec.

The court shall transmit, by the end of the next business day after an [ex parte] emergency or extended order is issued or renewed, a copy of the order to the appropriate law enf2.cem[The] Unless the adverse party is present at the hearing described in section 1.3 of this act to receive the date of the hearing described in section 1.5 of this act in which the court will determine whether to issue an extended order, the court shall order the appropriate law enforcement agency.agency to serve, without charge, the adverse party personally with [the ex parte or extended] :

2.(a) The emergency order ;

[The](b) UnlessSubject the adverse party is present at the hearing described in section 1.3 of this act to receive the dateprovisions of thesubsection hearing8, described in section 1.5 of this act in which the courtapplication willand determineany whethersupplemental todocuments issuesubmitted an extended order, the court shall order the appropriate law enforcement agency to serve, without charge, the adversecourt; party personally with the [ex parte or extended] emergency order and notice of the hearing described in section 1.5 of this act.

and (c) Notice of the hearing described in section 1.5 of this act.

If, while attempting to serve the adverse party personally pursuant to subsection 2 [,] or 3, the health or safety of the officer or the adverse party is put at risk because of any action of - *SB6_R1* – 11 – the adverse party, the law enforcement officer is under no duty to continue to attempt to serve the adverse party personally and the serviceunsuccessful, shallthe belaw deemedenforcement unsuccessful.agency shall, as soon as practicable after the risk has subsided, attempt to serve the adverse party personally until the [ex parte] emergency or extended order is successfully served.

If such service is unsuccessful, the law enforcement agency shall, as soon as practicable after the risk has subsided, attempt to serve the adverse party personally until the [ex parte] emergency or extended order is successfully served.

8.

The court may withhold or redact from the application or any supplemental documents to be served upon the adverse party any personal identifying information of the applicant or any other person if the court determines that disclosure of the personal - 81st Session (2021) – 12 – identifying information would create a substantial threat to the applicant or any other person of bodily harm, intimidation, coercion or harassment.

If the court withholds or redacts any personal identifying information pursuant to this subsection, the cou(a) Upon request of the adverse party, provide the adverse party or the adverse party’s attorney or agent with an opportunity to interview the applicant or other person whose personal identifying information was withheld or redacted in an environment that provides for protection of the applicant or other person;

(b) Maintain any information or documents withheld or redacted pursuant to this subsection in a confidential file;

and (c) Permit the adverse party or the adverse party’s attorney or agent to inspect and to copy or photograph any information or documents withheld or redacted pursuant to this subsection before the hearing described in section 1.5 of this act.

9.

As used in this section, “personal identifying information” means any information which would identify a person, including, without limitation, a name, an address, a date of birth or a social security number.

or (b)that:) Without a warrant if the officer has probable cause to believe that:(1) An order has been issued pursuant to NRS 33.570 or 33.580 against the adverse party;

(1) An order has been issued pursuant to NRS 33.570 or 33.580 against the adverse party;

- 81st Session (2021) – 13 – (c) Inform the adverse party of the location of the court that issued the original order and the hours during which the adverse party may obtain a copy of the order;

and (d) Inform the adverse party of the date and time set for a hearingorder, onif anany.application application for an [ex parte] emergency or extended order,3. if any.

3.Information concerning the terms and conditions of the [ex parte] emergency or extended order, the date and time of any notice provided to the adverse party and the name and identifying number of the law enforcement officer who gave the notice must be provided in writing to the applicant and noted in the records of the law enforcement agency and the court.

Information concerning the terms and conditions of the [ex parte] emergency or extended order, the date and time of any notice provided to the adverse party and the name and identifying number of the law enforcement officer who gave the notice must be - *SB6_R1* – 12 – provided in writing to the applicant and noted in the records of the law enforcement agency and the court.

Upon a finding by clear and convincing evidence that the adverse party no longer poses [a]a an imminent risk of causing a self-inflicted injury or a personal injury to [himself or herself or] another person by possessing [or having under his or her custody or control or by] , controlling,controlling,or purchasing or otherwise acquiring any firearm, the court shall dissolve the order.

Upon the expiration or dissolution of an emergency or extended order, the court shall:

and (b) Provide a copy of the order to:

and (2) The law enforcement agency holding any such surrendered firearm.firearm;

and (c) Cause, on a form prescribed by the Department of Public Safety, a record of the expiration or dissolution of the order to be - 81st Session (2021) – 14 – transmitted to the Central Repository for Nevada Records of Criminal History to ensure that information concerning the adverse party is removed from the Central Repository.

Not less than 3 months before the expiration of an extended order and upon petition by a family or household member or law enforcement officer, the court may, after notice and a hearing, renew an extended order upon a finding by clear and convincing evidence.

(a) Cause to be transmitted, in the manner prescribed by the Central Repository for Nevada Records of Criminal History, any - *SB6_R1* – 13 – information required by the Central Repository in a manner which ensures that the information is received by the Central Repository;

4.described in subsection 2 if the court finds that the basis for the [ex parte] emergency or extended order no longer exists.

The court shall grant the petition and issue the order described in subsection 2 if the court finds that the basis for the [ex parte] emergency or extended order no longer exists.

If the adverse party prevails in the action, the court - 81st Session (2021) – 15 – may award the adverse party reasonable attorney’s fees and costs incurred in bringing the action.

If a petition brought pursuant to subsection 2 is denied, the adverse party may petition for a rehearing not sooner than 2 years afteraftSec. the date of the denial of the petition.

Sec.13.ate NRS 33.660 is hereby amended to read as follows:

13.

NRS 33.660 is hereby amended to read as follows:

- *SB6_R1* – 14 – Sec.

(c)action Foror thein exercisea ofproceeding the power of a magistratecriminal nature.trate in a criminal action(d) orTo inreceive acommunications proceedingby oftelephone aand criminalfor nature.the issuance of:

(d) To receive communications by telephone and for the issuance of:

- 81st Session (2021) – 16 – That the affiant has good reason to believe, and does believe, that it will be too late for the purpose of acquiring a lien by the writ to wait until subsequent day for the issuance of the same.

(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 - *SB6_R1* – 15 – involving the title to or boundaries of the real property, if the damage claimed does not exceed $15,000.

(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.

the legality of any tax, impost, assessment, (d) In actions upon bonds or undertakings conditioned for the payment of money, if the sum claimed does not exceed $15,000, though the penalty may exceed that sum.

- 81st Session (2021) – 17 – (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.

(i) Of suits for the collection of taxes, where the amount of the tax sued for does not exceed $15,000.

taxes, where the amount of the (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 - *SB6_R1* – 16 – (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.cou(n) Except as otherwise provided in this paragraph, in any action for the issuance of an [ex parte] emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580.

(n) Except as otherwise provided in this paragraph, in any action for the issuance of an [ex parte] emergency or extended order for protection against high-risk behavior pursuant to NRS 33.570 or 33.580.

- 81st Session (2021) – 18 – (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.

(p) In small claims actions under the provisions of chapter 73 of NRS.NRS(q) In actions to contest the validity of liens on mobile homes or manufactured homes.

(q) In actions to contest the validity of liens on mobile homes or manufactured homes.

Upon approval of the district court, a justice court may transfer original jurisdiction of a misdemeanor to the district court for the purpose of assigning an offender to a program established - *SB6_R1* – 17 – pursuant to NRS 176A.250 or, if the justice court has not established a program pursuant to NRS 176A.280, to a program established pursuant to that section.

- 81st Session (2021) – 19 – Sec.

Except as otherwise provided in NRS 193.169, a person who commits a crime that is punishable as a felony, other than a crime that is punishable as a felony pursuant to subsection 6 of NRS 33.400,200.591, subsectionin 5violation ofof:f NRS 200.378 or subsection 5 of NRS(a) 200.591,A intemporary violationor of:extended order for protection against domestic violence issued pursuant to NRS 33.020;

(a) A temporary or extended order for protection against domestic violence issued pursuant to NRS 33.020;

If the crime committed by the person is punishable as a category A felony or category B felony, in addition to the term of imprisonment prescribed by statute for that crime, the person shall be punished by imprisonment in the state prison for a minimum term of not less than 1 year and a maximum term of notnotor a more than 5 years.

- *SB6_R1* – 18 – 2.

and - 81st Session (2021) – 20 – (b) Runs concurrently or consecutively with the sentence prescribed by statute for the crime, as ordered by the court.

The court shall not grant probation to or suspend the sentence of any person convicted of attempted murder, battery which involves the use of a deadly weapon, battery which results in substantial bodily harm or battery which is committed by results in strangulation as described in NRS 200.481 or 200.485 if an additional term of imprisonment may be imposed for that primary offense pursuant to this section.

Except as otherwise provided in this section, the sheriff shall issue a permit to any person who is qualified to possess a handgun under state and federal law, who submits an application in handgun accordance with the provisions of this section and who:

or - *SB6_R1* – 19 – (2) At least 18 years of age but less than 21 years of age if the person:

and - 81st Session (2021) – 21 – (c) Demonstrates competence with handguns by presenting a certificate or other documentation to the sheriff which shows that the applicant:

(1) Successfully completed a course in firearm safety approvedapprove(2) Successfully completed a course in firearm safety offered by a sherifffederal, state or local law enforcement agency, community college, university or national organization that certifies instructors in thisfirearm State;safety.

or (2) Successfully completed a course in firearm safety offered by a federal, state or local law enforcement agency, community college, university or national organization that certifies instructors in firearm safety.

(1) Been convicted of violating the provisions of NRS 484C.110;

ororeen convicted of violating the provisions of NRS (2) Participated in a program of treatment pursuant to NRS 176A.230 to 176A.245, inclusive.

- *SB6_R1* – 20 – (f) Has been convicted of a felony in this State or under the laws of any state, territory or possession of the United States.

- 81st Session (2021) – 22 – (h) Is currently subject to an [ex parte] emergency or extended order for protection against high-risk behavior issued pursuant to NRS 33.570 or 33.580.

(i) Is currently on parole or probation from a conviction obtainedof the United States.e or in any other state or territory or possession (j) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or inof any other state or territory or possession of the United States.States, as a condition to the court’s:

(j) Has, within the immediately preceding 5 years, been subject to any requirements imposed by a court of this State or of any other state or territory or possession of the United States, as a condition to the court’s:

If the sheriff receives notification submitted by a court or law enforcement agency of this or any other state, the United States or a territory or possession of the United States that a permittee or an applicant for a permit has been charged with a crime involving the use or threatened use of force or violence, the conviction for which would require the revocation of a permit or preclude the issuance of a permit to the applicant pursuant to this section, the sheriff shall suspend the person’s permit or the processing of the person’s application until the final disposition of the charges against the person.

The applicant’s - *SB6_R1* – 21 – signature must be witnessed by an employee of the sheriff or notarized by a notary public.

- 81st Session (2021) – 23 – (a) The name, address, place and date of birth, social security number, occupation and employer of the applicant and any other names used by the applicant;

(e) If the applicant is not a resident of this State, the driver’s licenseby numberanother state or identificationjurisdiction;card card number of the applicant issued by(f) anotherIf statethe orapplicant jurisdiction;is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:

(f) If the applicant is a person described in subparagraph (2) of paragraph (a) of subsection 3, proof that the applicant:

-~~~~~ *SB6_R1*21 –- 2281st –Session TEXT(2021) OF REPEALED SECTION 33.610 Duty of court to assist parties.

1.

The clerk of the court or other person designated by the verified application pursuant to NRS 33.560 or any adverse party, free of cost, with information about the:

(a) Availability of ex parte or extended orders;

(b) Procedures for filing an application for such an order;

(c) Procedures for modifying, dissolving or renewing such an order;

and (d) Right to proceed without counsel.

court shall assist any person in completing and filing the application, affidavit and any other paper or pleading necessary to initiate or respond to an application for an ex parte or extended order.

This assistance does not constitute the practice of law, but the clerk shall not render any advice or service that requires the professional judgment of an attorney.

H - *SB6_R1*