With certain exceptions, existing law requires a peace officer to arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery which constitutes domestic violence. (NRS 171.137) Existing law also requires a peace officer investigating an act of domestic violence to provide a person suspected of being the victim of an act of domestic violence with a written statement setting forth the circumstances under which the peace officer is required to arrest the person suspected of committing the act of domestic violence. (NRS 171.1225) Section 2 of this bill requires a peace officer to arrest a person suspected of committing a battery which constitutes domestic violence: (1) if the peace officer had a face-to-face encounter with the person that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 24 hours after the alleged battery; or (2) if the peace officer did not have a face-to-face encounter with the person that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 7 days after the alleged battery. Section 1 of this bill makes a conforming change to the written statement a peace officer must provide to a suspected victim of domestic violence. Existing law authorizes a peace officer, whether or not a warrant has been issued, to arrest a person when the peace officer has probable cause to believe that the person to be arrested has, within the preceding 24 hours, committed a battery upon a person with whom he or she is actually residing or upon a sibling or cousin, if the person is not the custodian or guardian of the sibling or cousin. (NRS 171.1375) Section 3 of this bill revises the period for such a discretionary arrest to be: (1) if the peace officer had a face-to-face encounter with the person that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 24 hours after the alleged battery; or (2) if the peace officer did not have a face-to-face encounter with the person to be arrested that was of sufficient duration to determine whether probable cause existed while responding to the initial incident or call for service, within 7 days after the alleged battery. Existing law establishes a privilege for confidential communication between a victim of certain crimes and a victim's advocate. (NRS 49.2541-49.2549) To be a “victim's advocate,” as defined in existing law, a person must have certain work experience and have received at least 20 hours of relevant training. (NRS 49.2545) Section 13.3 of this bill requires that such training must include instruction in certain topics. Section 13.7 of this bill also provides that a person who works for a domestic violence, sexual assault or human trafficking services organization or a nonprofit organization which provides assistance to victims may be a victim's advocate for purposes of the privilege. Section 13.9 of this bill makes a conforming change that is necessary as a result of the change relating to the changes made in section 13.7. Section 13.5 of this bill makes a conforming change to indicate the proper placement of section 13.3 in the Nevada Revised Statutes. Section 21 of this bill provides that, notwithstanding the amendatory provisions of sections 13.3-13.9 until January 1, 2024, the privilege established for confidential communication between a victim and a victim's advocate shall be deemed to apply to a communication between a victim and a victim's advocate, regardless of whether the victim's advocate has completed the required relevant training, as defined in section 13.3, before October 1, 2023, if the victim's advocate was serving as a victim's advocate before October 1, 2023. Existing law provides that a person who commits a crime that is punishable as a felony in violation of certain orders for protection must, in addition to the term of imprisonment for the underlying crime, be punished by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 20 years. However, if the underlying crime is punishable as a category A or B felony, the person must be additionally punished by imprisonment for a minimum term of not less than 1 year and a maximum term of not more than 5 years. (NRS 193.166) Section 14 of this bill provides instead that if the underlying crime is punishable as a category A or B felony, the additional period of imprisonment must be for a maximum term of not more than 20 years, but if the underlying crime is not punishable as a category A or B felony, the additional period of imprisonment must be for a maximum term of not more than 5 years. Existing law provides that a court may not grant probation to or suspend the sentence of a person who is charged with committing a battery which constitutes domestic violence that is punishable as a misdemeanor, except that: (1) a justice court or municipal court may suspend the sentence of such a person under certain circumstances; and (2) a court may suspend the sentence of such a person to assign the person to a program for the treatment of veterans and members of the military. Existing law does not expressly prohibit a court from granting probation to or suspending the sentence of a person who is charged with committing a battery which constitutes domestic violence that is punishable as a gross misdemeanor or felony. (NRS 200.485) Section 16 of this bill prohibits a court from granting probation to or suspending the sentence of a person convicted of a battery which constitutes domestic violence that is punishable as a felony.

Statutes affected:
As Introduced: 171.1225, 171.137, 171.1375, 178.494, 33.018, 33.030, 33.280, 33.400, 48.061, 50.205, 118A.345, 125C.0035, 125C.230, 193.166, 200.378, 200.485, 200.591, 200.620, 432.207, 432B.157
Reprint 1: 171.1225, 171.137, 171.1375, 193.166, 200.485
Reprint 2: 171.1225, 171.137, 171.1375, 49.2541, 49.2545, 49.2546, 193.166, 200.485
As Enrolled: 171.1225, 171.137, 171.1375, 49.2541, 49.2545, 49.2546, 193.166, 200.485
BDR: 171.1225, 171.137, 171.1375, 178.494, 33.018, 33.030, 33.280, 33.400, 48.061, 50.205, 118A.345, 125C.0035, 125C.230, 193.166, 200.378, 200.485, 200.591, 200.620, 432.207, 432B.157