A.B. 159
- *AB159*
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
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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. 33
5. A person who knowingly presents a fraudulent or expired 34
Hope Card to another person with the specific intent to falsely 35
represent that the person is protected by an extended order is 36
guilty of a misdemeanor. 37
Sec. 2. NRS 33.017 is hereby amended to read as follows: 38
33.017 As used in NRS 33.017 to 33.100, inclusive, and 39
section 1 of this act, unless the context otherwise requires: 40
1. “Extended order” means an extended order for protection 41
against domestic violence. 42
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2. “Temporary order” means a temporary order for protection 1
against domestic violence. 2
Sec. 3. NRS 33.020 is hereby amended to read as follows: 3
33.020 1. If it appears to the satisfaction of the court from 4
specific facts shown by a verified application that an act of domestic 5
violence has occurred or there exists a threat of domestic violence, 6
the court may grant a temporary or extended order. A court shall 7
only consider whether the act of domestic violence or the threat 8
thereof satisfies the requirements of NRS 33.018 without 9
considering any other factor in its determination to grant the 10
temporary or extended order. 11
2. A temporary or extended order must not be granted to the 12
applicant or the adverse party unless the applicant or the adverse 13
party has requested the order and has filed a verified application that 14
an act of domestic violence has occurred or there exists a threat of 15
domestic violence. An applicant for an extended order shall 16
indicate in the application whether the applicant is requesting the 17
Office of the Attorney General to provide a Hope Card to the 18
applicant in accordance with the provisions of section 1 of this act 19
if the court grants the extended order. If the applicant reasonably 20
believes that disclosing his or her address and contact information in 21
the application would jeopardize his or her safety, the applicant may 22
decline to disclose his or her address and contact information in the 23
application. If the applicant declines to disclose his or her address 24
and contact information in the application, then such information: 25
(a) Must be disclosed to the court and, for criminal justice 26
purposes, to any other authorized agency of criminal justice to allow 27
the agency of criminal justice to carry out any duty required 28
pursuant to NRS 33.017 to 33.100, inclusive; 29
(b) Must be maintained in a separate, confidential, electronic 30
document or database which is not publicly accessible; and 31
(c) Must not be released, disclosed or made accessible to the 32
public, except as authorized by the court. 33
3. The court may require the applicant or the adverse party, or 34
both, to appear before the court before determining whether to grant 35
the temporary or extended order. 36
4. A temporary order may be granted with or without notice to 37
the adverse party. An extended order may only be granted after 38
notice to the adverse party and a hearing on the application. 39
5. A hearing on an application for an extended order must be 40
held within 45 days after the date on which the application for the 41
extended order is filed. If the adverse party has not been served 42
pursuant to NRS 33.060 or 33.065 and fails to appear at the hearing, 43
the court may, upon a showing that law enforcement, after due 44
diligence, has been unable to serve the adverse party or that the 45
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adverse party has sought to avoid service by concealment, set a date 1
for a second hearing which must be held within 90 days after the 2
date on which the first hearing was scheduled. 3
6. If the adverse party has not been served pursuant to NRS 4
33.060 or 33.065 and fails to appear on the date set for a second 5
hearing on an application for an extended order pursuant to 6
subsection 5, the court may, upon a showing that law enforcement, 7
after due diligence, has been unable to serve the adverse party or 8
that the adverse party has sought to avoid service by concealment, 9
set a date for a third hearing which must be held within 90 days after 10
the date on which the second hearing was scheduled. 11
7. The court shall rule upon an application for a temporary 12
order within 1 judicial day after it is filed. 13
8. If it appears to the satisfaction of the court from specific 14
facts communicated by electronic means to the court by an alleged 15
victim that an act of domestic violence has occurred and the alleged 16
perpetrator of the domestic violence has been arrested and is 17
presently in custody pursuant to NRS 171.137, the court may grant a 18
temporary order. Before approving an order under such 19
circumstances, the court shall confirm with the appropriate law 20
enforcement agency that the applicant is an alleged victim and that 21
the alleged perpetrator is in custody. Upon approval by the court, the 22
signed order may be transmitted to the facility where the alleged 23
perpetrator is in custody by electronic or telephonic transmission to 24
a facsimile machine. If such an order is received by the facility 25
holding the alleged perpetrator while the alleged perpetrator is still 26
in custody, the order must be personally served by an authorized 27
employee of the facility before the alleged perpetrator is released. 28
The court shall mail a copy of each order issued pursuant to this 29
subsection to the alleged victim named in the order and cause the 30
original order to be filed with the court clerk on the first judicial day 31
after it is issued. 32
9. In a county whose population is 52,000 or more, the court 33
shall be available 24 hours a day, 7 days a week, including 34
nonjudicial days and holidays, to receive electronic communications 35
and for the issuance of a temporary order pursuant to subsection 8. 36
10. In a county whose population is less than 52,000, the court 37
may be available 24 hours a day, 7 days a week, including 38
nonjudicial days and holidays, to receive electronic communications 39
and for the issuance of a temporary order pursuant to subsection 8. 40
11. The clerk of the court shall inform the protected party upon 41
the successful transfer of information concerning the registration to 42
the Central Repository for Nevada Records of Criminal History as 43
required pursuant to NRS 33.095. 44
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12. As used in this section, “agency of criminal justice” has the 1
meaning ascribed to it in NRS 179A.030. 2
Sec. 4. 1. This section becomes effective upon passage and 3
approval. 4
2. Sections 1, 2 and 3 of this act become effective: 5
(a) Upon passage and approval for the purpose of developing the 6
Hope Card Program established pursuant to section 1 of this act and 7
performing any other preparatory administrative tasks that are 8
necessary to carry out the provisions of this act; and 9
(b) On January 1, 2026, for all other purposes. 10
H