AB216 - Revises provisions relating to domestic violence. (BDR 14-181)

EXEMPT (Reprinted with amendments adopted on April 21, 2025) FIRST REPRINT A.B. 216 - *AB216_R1* ASSEMBLY BILL NO. 216–ASSEMBLYMEMBER HARDY PREFILED FEBRUARY 3, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to domestic violence. (BDR 14-181) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1, 2) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to domestic violence; requiring a peace officer who investigates an act of domestic violence to conduct a lethality assessment under certain circumstances; requiring a peace officer who conducts a lethality assessment to take certain actions if the assessment indicates that the person assessed is in a potentially high- risk lethal situation; requiring each law enforcement agency to prescribe a written or electronic form for documenting the results of a lethality assessment; requiring a peace officer who investigates an act of domestic violence to submit the results of a lethality assessment to the district attorney of the jurisdiction in which the act occurred; authorizing a court to consider the results of a lethality assessment in reviewing the custody status of certain persons; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law requires a peace officer investigating an act of domestic violence 1 to provide certain information to a person suspected of being a victim of an act of 2 domestic violence. (NRS 171.1225) Section 2 of this bill requires a peace officer 3 investigating an act of domestic violence to complete a lethality assessment form 4 for a person suspected of being a victim of an act of domestic violence if the peace 5 officer has probable cause to believe that the person believed to have committed the 6 act of domestic violence is: (1) his or her spouse or former spouse; (2) a person 7 – 2 – - *AB216_R1* with whom he or she had or is having a dating relationship; or (3) a person with 8 whom he or she has a child in common. 9 Section 1 of this bill requires a peace officer who completes a lethality 10 assessment form to take certain actions based upon the results of the lethality 11 assessment. Section 1 also requires each law enforcement agency to prescribe a 12 written or electronic form on which the results of a lethality assessment conducted 13 pursuant to section 2 must be reported. 14 Existing law requires a peace officer who investigates an act of domestic 15 violence to prepare and submit to certain persons a written report of the 16 investigation. (NRS 171.1227) Section 3 of this bill requires a peace officer who 17 investigates an act of domestic violence to submit the results of a lethality 18 assessment conducted pursuant to section 2 to the district attorney of the 19 jurisdiction in which the act occurred. 20 Existing law requires a court to consider certain factors in reviewing the 21 custody status of a person. (NRS 178.4853) Section 4 of this bill authorizes the 22 court to include the results of a lethality assessment when considering these factors. 23 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 171 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Each law enforcement agency shall prescribe a written or 3 electronic form on which the results of a lethality assessment 4 conducted pursuant to NRS 171.1225 must be reported. 5 2. If a lethality assessment conducted pursuant to NRS 6 171.1225 indicates that the person assessed is in a potentially 7 high-risk lethal situation, the peace officer shall: 8 (a) Advise the person that he or she is in a potentially high-risk 9 lethal situation; 10 (b) Provide the person with a domestic violence card that 11 contains information about appropriate counseling or other 12 supportive services available in the community in which the 13 person resides; and 14 (c) Refer the person to a victim’s advocate who primarily 15 provides services to victims of domestic violence. 16 3. If a person does not or is unable to provide information to 17 a peace officer sufficient to allow the peace officer to complete the 18 lethality assessment form or refuses to accept a domestic violence 19 card provided pursuant to subsection 2, the peace officer shall 20 document this information on the lethality assessment form. 21 4. As used in this section, “victim’s advocate” means a person 22 who has completed relevant training and who, with or without 23 compensation, works for: 24 (a) A program of a university, state college or community 25 college within the Nevada System of Higher Education which 26 provides assistance to victims; 27 – 3 – - *AB216_R1* (b) A program of a tribal organization which provides 1 assistance to victims; 2 (c) An organization which provides assistance to victims; or 3 (d) A nonprofit organization which provides assistance to 4 victims. 5 Sec. 2. NRS 171.1225 is hereby amended to read as follows: 6 171.1225 1. When investigating an act of domestic violence, 7 a peace officer shall: 8 (a) Make a good faith effort to explain the provisions of NRS 9 171.137 pertaining to domestic violence and advise victims of all 10 reasonable means to prevent further abuse, including advising each 11 person of the availability of a shelter or other services in the 12 community. 13 (b) Provide a person suspected of being the victim of an act of 14 domestic violence with a written copy of the following statements: 15 (1) My name is Officer ......................... (naming the 16 investigating officer). Nevada law requires me to inform you of the 17 following information. 18 (2) If I have probable cause to believe that a battery has been 19 committed against you, your minor child or the minor child of the 20 person believed to have committed the battery in the last 24 hours 21 by your spouse, your former spouse, any other person to whom you 22 are related by blood or marriage, a person with whom you have had 23 or are having a dating relationship or a person with whom you have 24 a child in common, and if I had a face-to-face encounter with the 25 person suspected of committing the battery that was of sufficient 26 duration to determine whether probable cause existed while 27 responding to the initial incident or call for service, I am required, 28 unless mitigating circumstances exist, to arrest the person suspected 29 of committing the battery. 30 (3) If I have probable cause to believe that a battery has been 31 committed against you, your minor child or the minor child of the 32 person believed to have committed the battery in the last 7 days by 33 your spouse, your former spouse, any other person to whom you are 34 related by blood or marriage, a person with whom you have had or 35 are having a dating relationship or a person with whom you have a 36 child in common, and if I did not have a face-to-face encounter with 37 the person suspected of committing the battery that was of sufficient 38 duration to determine whether probable cause existed while 39 responding to the initial incident or call for service, I am required, 40 unless mitigating circumstances exist, to arrest the person suspected 41 of committing the battery. 42 (4) If I am unable to arrest the person suspected of 43 committing the battery, you have the right to request that the 44 prosecutor file a criminal complaint against the person. I can 45 – 4 – - *AB216_R1* provide you with information on this procedure. If convicted, the 1 person who committed the battery may be placed on probation, 2 ordered to see a counselor, put in jail or fined. 3 (5) The law provides that you may seek a court order for the 4 protection of you, your minor children or any animal that is owned 5 or kept by you, by the person who committed or threatened the act 6 of domestic violence or by the minor child of either such person 7 against further threats or acts of domestic violence. You do not need 8 to hire a lawyer to obtain such an order for protection. 9 (6) An order for protection may require the person who 10 committed or threatened the act of domestic violence against you to: 11 (I) Stop threatening, harassing or injuring you or your 12 children; 13 (II) Move out of your residence; 14 (III) Stay away from your place of employment; 15 (IV) Stay away from the school attended by your 16 children; 17 (V) Stay away from any place you or your children 18 regularly go; 19 (VI) Avoid or limit all communication with you or your 20 children; 21 (VII) Stop physically injuring, threatening to injure or 22 taking possession of any animal that is owned or kept by you or 23 your children, either directly or through an agent; and 24 (VIII) Stop physically injuring or threatening to injure 25 any animal that is owned or kept by the person who committed or 26 threatened the act or his or her children, either directly or through an 27 agent. 28 (7) A court may make future orders for protection which 29 award you custody of your children and require the person who 30 committed or threatened the act of domestic violence against you to: 31 (I) Pay the rent or mortgage due on the place in which 32 you live; 33 (II) Pay the amount of money necessary for the support of 34 your children; 35 (III) Pay part or all of the costs incurred by you in 36 obtaining the order for protection; and 37 (IV) Comply with the arrangements specified for the 38 possession and care of any animal owned or kept by you or your 39 children or by the person who committed or threatened the act or his 40 or her children. 41 (8) To get an order for protection, go to room number ....... 42 (state the room number of the office at the court) at the court, which 43 is located at ......................... (state the address of the court). Ask the 44 – 5 – - *AB216_R1* clerk of the court to provide you with the forms for an order of 1 protection. 2 (9) If the person who committed or threatened the act of 3 domestic violence against you violates the terms of an order for 4 protection, the person may be arrested and, if: 5 (I) The arresting officer determines that such a violation 6 is accompanied by a direct or indirect threat of harm; 7 (II) The person has previously violated a temporary or 8 extended order for protection; or 9 (III) At the time of the violation or within 2 hours after 10 the violation, the person has a concentration of alcohol of 0.08 or 11 more in the person’s blood or breath or an amount of a prohibited 12 substance in the person’s blood or urine, as applicable, that is equal 13 to or greater than the amount set forth in subsection 3 or 4 of 14 NRS 484C.110, 15  the person will not be admitted to bail sooner than 12 hours after 16 arrest. 17 (10) You may obtain emergency assistance or shelter by 18 contacting your local program against domestic violence at 19 ......................... (state name, address and telephone number of local 20 program) or you may call, without charge to you, the Statewide 21 Program Against Domestic Violence at ........................ (state toll- 22 free telephone number of Statewide Program). 23 (c) Complete a lethality assessment form for a person 24 suspected of being the victim of domestic violence if the peace 25 officer has probable cause to believe that the person believed to 26 have committed the act of domestic violence is: 27 (1) His or her spouse or former spouse; 28 (2) A person with whom he or she had or is having a dating 29 relationship; or 30 (3) A person with whom he or she has a child in common. 31 2. The failure of a peace officer to carry out the requirements 32 set forth in subsection 1 is not a defense in a criminal prosecution 33 for the commission of an act of domestic violence, nor may such an 34 omission be considered as negligence or as causation in any civil 35 action against the peace officer or the officer’s employer. 36 3. As used in this section: 37 (a) “Act of domestic violence” means any of the following acts 38 committed by a person against his or her spouse, former spouse, any 39 other person to whom he or she is related by blood or marriage, a 40 person with whom he or she has had or is having a dating 41 relationship, a person with whom he or she has a child in common, 42 the minor child of any of those persons or his or her minor child: 43 (1) A battery. 44 (2) An assault. 45 – 6 – - *AB216_R1* (3) Compelling the other by force or threat of force to 1 perform an act from which he or she has the right to refrain or to 2 refrain from an act which he or she has the right to perform. 3 (4) A sexual assault. 4 (5) A knowing, purposeful or reckless course of conduct 5 intended to harass the other. Such conduct may include, but is not 6 limited to: 7 (I) Stalking. 8 (II) Arson. 9 (III) Trespassing. 10 (IV) Larceny. 11 (V) Destruction of private property. 12 (VI) Carrying a concealed weapon without a permit. 13 (VII) Injuring or killing an animal. 14 (6) False imprisonment. 15 (7) Unlawful entry of the other’s residence, or forcible entry 16 against the other’s will if there is a reasonably foreseeable risk of 17 harm to the other from the entry. 18 (b) “Dating relationship” means frequent, intimate associations 19 primarily characterized by the expectation of affectional or sexual 20 involvement. The term does not include a casual relationship or an 21 ordinary association between persons in a business or social context. 22 (c) “Lethality assessment form” means a written or electronic 23 form prescribed by a law enforcement agency pursuant to section 24 1 of this act. 25 Sec. 3. NRS 171.1227 is hereby amended to read as follows: 26 171.1227 1. If a peace officer investigates an act that 27 constitutes domestic violence pursuant to NRS 33.018, the peace 28 officer shall prepare and submit a written report of the investigation 29 to the peace officer’s supervisor or to another person designated by 30 the peace officer’s supervisor, regard [Text truncated for display. Full text available on LegiScan.]