AB159 - Establishes the Hope Card Program for applicants who have been granted an extended order for protection against domestic violence. (BDR 3-180)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 159 - *AB159_R1* ASSEMBLY BILL NO. 159–ASSEMBLYMEMBER HARDY PREFILED JANUARY 30, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Establishes the Hope Card Program for applicants who have been granted an extended order for protection against domestic violence. (BDR 3-180) FISCAL NOTE: Effect on Local Government: Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to domestic violence; establishing the Hope Card Program for applicants who have been granted an extended order for protection against domestic violence; providing a penalty; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes a person to file an application for a temporary or 1 extended order for protection against domestic violence. (NRS 33.017-33.100) 2 Section 1 of this bill establishes the Hope Card Program, which will be developed 3 and administered by the Office of the Attorney General, after consultation and in 4 coordination with the district courts and justice courts, to provide to an applicant 5 who has been granted an extended order for protection against domestic violence, 6 upon request, a Hope Card that provides proof of the granting of such an extended 7 order. Section 1 also prohibits a person from knowingly presenting a fraudulent or 8 expired Hope Card to another person with the specific intent to falsely represent 9 that the person is protected by an extended order. 10 Section 2 of this bill makes a conforming change to apply the definitions in 11 existing law to section 1. 12 Section 3 of this bill requires an applicant for an extended order for protection 13 against domestic violence to indicate in the application whether the applicant is 14 requesting a Hope Card. 15 – 2 – - *AB159_R1* THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 33 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. The Hope Card Program, which is intended to provide to 3 an applicant who has been granted an extended order, upon 4 request, a Hope Card that provides proof of the granting of the 5 extended order, is hereby established. The Office of the Attorney 6 General shall, after consultation and in coordination with the 7 district courts and justice courts, develop and administer the Hope 8 Card Program. 9 2. The Hope Card Program must ensure than an applicant 10 who has been granted an extended order and who has requested a 11 Hope Card pursuant to NRS 33.020 is provided with the Hope 12 Card as soon as practicable, but not more than 10 business days 13 after the extended order is granted. 14 3. The Office of the Attorney General shall not charge any 15 fee for providing a Hope Card pursuant to this section. 16 4. A Hope Card that is provided to an applicant for an 17 extended order pursuant to this section: 18 (a) Is valid until the date on which the extended order expires; 19 (b) May be issued in the form of a tangible, wallet-sized card 20 or a digital card, or both; 21 (c) Must be in a format established by the Office of the 22 Attorney General that contains substantially the following 23 information: 24 (1) The name and date of birth of the applicant; 25 (2) Information relating to the extended order, including, 26 without limitation, the court that granted the extended order, the 27 case number, the date on which the extended order was granted 28 and the date on which the extended order expires; 29 (3) The date on which the Hope Card is issued and the date 30 on which the Hope Card expires; and 31 (4) Any other information that the Office of the Attorney 32 General deems appropriate, which may include, without 33 limitation: 34 (I) The name and description of each additional person 35 or animal protected by the extended order; 36 (II) The name and date of birth of the adverse party; 37 (III) A physical description of the adverse party, 38 including, without limitation, height, weight, hair color and eye 39 color; 40 (IV) A photograph of the adverse party, if available; and 41 – 3 – - *AB159_R1* (V) The telephone number for the United States 1 National Domestic Violence Hotline. 2 5. A person who knowingly presents a fraudulent or expired 3 Hope Card to another person with the specific intent to falsely 4 represent that the person is protected by an extended order is 5 guilty of a misdemeanor. 6 Sec. 2. NRS 33.017 is hereby amended to read as follows: 7 33.017 As used in NRS 33.017 to 33.100, inclusive, and 8 section 1 of this act, unless the context otherwise requires: 9 1. “Extended order” means an extended order for protection 10 against domestic violence. 11 2. “Temporary order” means a temporary order for protection 12 against domestic violence. 13 Sec. 3. NRS 33.020 is hereby amended to read as follows: 14 33.020 1. If it appears to the satisfaction of the court from 15 specific facts shown by a verified application that an act of domestic 16 violence has occurred or there exists a threat of domestic violence, 17 the court may grant a temporary or extended order. A court shall 18 only consider whether the act of domestic violence or the threat 19 thereof satisfies the requirements of NRS 33.018 without 20 considering any other factor in its determination to grant the 21 temporary or extended order. 22 2. A temporary or extended order must not be granted to the 23 applicant or the adverse party unless the applicant or the adverse 24 party has requested the order and has filed a verified application that 25 an act of domestic violence has occurred or there exists a threat of 26 domestic violence. An applicant for an extended order shall 27 indicate in the application whether the applicant is requesting the 28 Office of the Attorney General to provide a Hope Card to the 29 applicant in accordance with the provisions of section 1 of this act 30 if the court grants the extended order. If the applicant reasonably 31 believes that disclosing his or her address and contact information in 32 the application would jeopardize his or her safety, the applicant may 33 decline to disclose his or her address and contact information in the 34 application. If the applicant declines to disclose his or her address 35 and contact information in the application, then such information: 36 (a) Must be disclosed to the court and, for criminal justice 37 purposes, to any other authorized agency of criminal justice to allow 38 the agency of criminal justice to carry out any duty required 39 pursuant to NRS 33.017 to 33.100, inclusive; 40 (b) Must be maintained in a separate, confidential, electronic 41 document or database which is not publicly accessible; and 42 (c) Must not be released, disclosed or made accessible to the 43 public, except as authorized by the court. 44 – 4 – - *AB159_R1* 3. The court may require the applicant or the adverse party, or 1 both, to appear before the court before determining whether to grant 2 the temporary or extended order. 3 4. A temporary order may be granted with or without notice to 4 the adverse party. An extended order may only be granted after 5 notice to the adverse party and a hearing on the application. 6 5. A hearing on an application for an extended order must be 7 held within 45 days after the date on which the application for the 8 extended order is filed. If the adverse party has not been served 9 pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, 10 the court may, upon a showing that law enforcement, after due 11 diligence, has been unable to serve the adverse party or that the 12 adverse party has sought to avoid service by concealment, set a date 13 for a second hearing which must be held within 90 days after the 14 date on which the first hearing was scheduled. 15 6. If the adverse party has not been served pursuant to NRS 16 33.060 or 33.065 and fails to appear on the date set for a second 17 hearing on an application for an extended order pursuant to 18 subsection 5, the court may, upon a showing that law enforcement, 19 after due diligence, has been unable to serve the adverse party or 20 that the adverse party has sought to avoid service by concealment, 21 set a date for a third hearing which must be held within 90 days after 22 the date on which the second hearing was scheduled. 23 7. The court shall rule upon an application for a temporary 24 order within 1 judicial day after it is filed. 25 8. If it appears to the satisfaction of the court from specific 26 facts communicated by electronic means to the court by an alleged 27 victim that an act of domestic violence has occurred and the alleged 28 perpetrator of the domestic violence has been arrested and is 29 presently in custody pursuant to NRS 171.137, the court may grant a 30 temporary order. Before approving an order under such 31 circumstances, the court shall confirm with the appropriate law 32 enforcement agency that the applicant is an alleged victim and that 33 the alleged perpetrator is in custody. Upon approval by the court, the 34 signed order may be transmitted to the facility where the alleged 35 perpetrator is in custody by electronic or telephonic transmission to 36 a facsimile machine. If such an order is received by the facility 37 holding the alleged perpetrator while the alleged perpetrator is still 38 in custody, the order must be personally served by an authorized 39 employee of the facility before the alleged perpetrator is released. 40 The court shall mail a copy of each order issued pursuant to this 41 subsection to the alleged victim named in the order and cause the 42 original order to be filed with the court clerk on the first judicial day 43 after it is issued. 44 – 5 – - *AB159_R1* 9. In a county whose population is 52,000 or more, the court 1 shall be available 24 hours a day, 7 days a week, including 2 nonjudicial days and holidays, to receive electronic communications 3 and for the issuance of a temporary order pursuant to subsection 8. 4 10. In a county whose population is less than 52,000, the court 5 may be available 24 hours a day, 7 days a week, including 6 nonjudicial days and holidays, to receive electronic communications 7 and for the issuance of a temporary order pursuant to subsection 8. 8 11. The clerk of the court shall inform the protected party upon 9 the successful transfer of information concerning the registration to 10 the Central Repository for Nevada Records of Criminal History as 11 required pursuant to NRS 33.095. 12 12. As used in this section, “agency of criminal justice” has the 13 meaning ascribed to it in NRS 179A.030. 14 Sec. 4. 1. This section becomes effective upon passage and 15 approval. 16 2. Sections 1, 2 and 3 of this act become effective: 17 (a) Upon passage and approval for the purpose of developing the 18 Hope Card Program established pursuant to section 1 of this act and 19 performing any other preparatory administrative tasks that are 20 necessary to carry out the provisions of this act; and 21 (b) On January 1, 2026, for all other purposes. 22 H