AB 369 — Revises provisions governing certain orders for protection against domestic violence. (BDR 3-824)

(ReprintedAssembly withBill amendmentsNo. adopted on May 21, 2025) FIRST REPRINT A.B.

369369–Assemblymember ABackus SSEMBLYCHAPTER.......... B ILLN O.

369–A SSEMBLYMEMBER B ACKUS M ARCH 6, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing certain orders for protection against domestic violence.

(BDR 3-824) 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.

LegExistingLegislative lawCounsel’s providesDigest: that an order for protection against domestic violence issued by the court of another state, territory or Indian tribe within the United States is valid and must be accorded full faith and credit and enforced by the courts of this State as if it were issued by a court in this State.

InExisting enforcinglaw suchprovides that an order,order afor lawprotection enforcementagainst officerdomestic isviolence requiredissued toby makethe ancourt arrestof foranother astate, violationterritory ofor theIndian ordertribe inwithin the sameUnited mannerStates thatis anvalid officerand wouldmust makebe anaccorded arrestfull forfaith aand violationcredit and enforced by the courts of athis temporaryState oras theif orderit iswere notissued authenticby ona itscourt face.in this State.

In enforcing such an order, a law enforcementhatsame manner that an officer would make an arrest for a violation of a temporary orthe extended order issued by a court of this State unless it is authorizedapparent to relythe officer that the order is not authentic on certainits evidence.face.

In enforcing such an order, a law enforcement officer is authorized to rely on certain evidence.

(1) a hard copy or digital image of an order for protection against domestic violence that has been provided to the officer;

and (2) any statement by the person against whomwhomat the order is being enforced.

This bill also creates a process for a law enforcement officer of this State, when an otherwise valid order for protection against domestic violence is issued by the court of another state, territory or Indian tribe within the United States but the officer cannot confirm that the respondent has been notified or served with the order, to provide notice, attempt service and give reasonable opportunity for compliance before enforcing the order.

-EXPLANATION *AB369_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

and (b) The adverse party was given reasonable notice and an opportunity to be heard before the order was issued or, in the case of an- ex83rd parteSession order,(2025) the– adverse2 party– was given reasonable notice and an opportunity to be heard within the time required by the laws ofofnd the issuing state, territory or tribe and, in any event, within a reasonable time after the order was issued.

or (b) A counter or cross-petition or other pleading was filed and the court did not make a specific finding of domestic violence by both parties,  the court shall refuse to enforce the order against the applicant and may determine whether to issue its own temporary or extended ord3..order.

A3. law enforcement officer shall enforce an order for protection against domestic violence issued by the court of another state, territory or Indian tribe and shall make an arrest for a violation thereof in the same manner that a law enforcement officer would make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face.

A law enforcement officer shall enforce an order for protection against domestic violence issued by the court of another thereof in the same manner that a law enforcement officer would violation make an arrest for a violation of a temporary or extended order issued by a court of this State unless it is apparent to the officer that the order is not authentic on its face.

and (c) Information indicating that the court which issued the order had legal authority to issue the order as evidenced by a certified copy of the order, a file-stamped copy of the order, an authorized - *AB369_R1* – 3 – signature or stamp of the court which issued the order or another indication of the authority of the court which issued the order.

In enforcing an order for protection against domestic violence issued by the court of another state, territory or Indian tribe or arresting a person for a violation of such an order, a lawlawndian tribe enforcement officer may rely upon:

- 83rd Session (2025) – 3 – (c) Oral or written confirmation from a law enforcement agency or court in the jurisdiction in which the order for protection against domestic violence was issued that the order is valid and effective;

If a law enforcement officer of this State determines that an otherwise valid order for protection against domestic violence was issued by the court of another state, territory or Indian tribe within the United States but cannot confirm that the respondentrespondentribe has been notified or served with the order, the officer shall:

- *AB369_R1* – 4 – [6.] 8.

A court or law enforcement officer who enforces an order for protection against domestic violence issued by the court of another state, territory or Indian tribe based upon a reasonable belief that the order is valid or who refuses to enforce such an order based upon a reasonable belief that the order is not valid and the employer of such a law enforcement officer are immune from civil and criminal liability for any action taken or not taken based on that belief.

H~~~~~ 25 - *AB369_R1*83rd Session (2025)