Read the full stored bill text
- 83rd Session (2025)
Assembly Bill No. 381 –Assemblymembers Hardy, Hibbetts ,
Marzola, Miller; Dalia, González, Jauregui, La Rue Hatch,
Moore, Nadeem, Nguyen, Orentlicher, Roth and Yeager
Joint Sponsor: Senator Scheible
CHAPTER..........
AN ACT relating to animals; revising provisions governing the
seizure of animals under certain circumstances; revising
certain penalties and remedies for acts of animal cruelty;
revising certain provisions governing the ownership and care
of animals treated cruelly; revising provisions relating to
immunity from civil liability for certain actions taken to
protect or remove a pet from a motor vehicle under certain
circumstances; and providing other matters properly relating
thereto.
Legislative Counsel’s Digest:
Existing law requires certain officers to: (1) take possession of an animal which
is being treated cruelly and provide the animal with shelter and care or, with the
permission of the owner, humanely destroy the animal; and (2) give to the owner a
notice contai ning certain information. (NRS 574.055) Section 3 of this bill also
authorizes an officer that takes possession of an animal to destroy the animal in a
humane manner if: (1) the officer obtains an order from a court; or (2) a licensed
veterinarian, veterinarian technician or euthanasia technician examine s the animal
and recommends that the animal be humanely destroyed.
Upon proof that proper notice has been given, existing law authorizes a court of
competent jurisdiction to order the animal sold at auctio n, humanely destroyed or
continued in the care of the officer. (NRS 574.055) Section 3 removes the
authorization for a court to order the animal sold at auction.
Existing law provides that, with certain exceptions, the seizure and disposition
of an animal which an officer discovers is being treated cruelly does not apply to
any animal which is located on land being employed for an agricultural use. (NRS
574.055) Section 3 removes this exception.
Existing law provides that a person who engages in certain a cts of torture or
cruelty to animals is guilty of a misdemeanor for a first offense, except if the
person: (1) willfully and maliciously engages in such an act, the person is guilty of
a category D felony; or (2) commits the act to threaten, intimidate or terrorize
another person, the person is guilty of a category C felony. (NRS 574.100) Section
4 of this bill provides instead that a willful and malicious violation where the act
causes the death of the animal and committing the act to threaten, intimidate or
terrorize another person are both a category B felony , punishable by imprisonment
in the state prison for a minimum term of 1 year and a maximum term of 6 years.
Existing law prohibits the owner, possessor or person in charge or custody of a
maimed, diseased, disabled or infirm animal from abandoning the animal, leaving
the animal to die in certain public places or allowing the animal to lie in certain
public places for more than 3 hours after the person receives notice that the animal
is left disabled . A violation of this prohibition is a misdemeanor. (NRS 574.110)
Existing law also prohibits a person from abandoning an animal in any other
circumstance, with certain exceptions for feral cats. A violation of this prohibition
is a misdemeanor that is sub ject to certain enhanced penalties under certain
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circumstances. (NRS 574.100) Section 4 prohibits the abandonment of an animal in
all circumstances, with certain exceptions for feral cats. Section 15.5 of this bill
repeals the existing law relating to the abandonment of a maimed, diseased,
disabled or infirm animal. As a result of this change, the abandonment of an animal,
regardless of the health of the animal, is subject to the same penalties and penalty
enhancements.
Existing law provides that a person who engages in certain acts of torture of or
cruelty to a police animal is guilty of: (1) a category D felony if the police animal is
not totally disabled or killed; and (2) a category C felony if the police animal is
totally disabled or killed. (NRS 574. 105) Section 5 of this bill increases these
penalties to a category B felony if the police animal is totally disabled or killed ,
punishable by imprisonment in the state prison for a minimum term of not less than
1 year and a maximum term of not more than 6 years.
Existing law sets forth the applicability of certain provisions relating to cruelty
to animals. (NRS 574.200) Section 6 of this bill provides that these provisions do
not prohibit providing humane relief to an animal to prevent the further suffering of
the animal when the animal is gravely injured.
Existing law requires that if a person is lawfully arrested for certain crimes
against animals and an animal owned or possessed by the person is impounded by
the county, city or other local government in connection with the arrest, the person
must be notified of his or her right to request a hearing within 5 days. If the person
does not request a hearing, or if the owner of the animal has not been identified
within 5 days after the arrest, the county, c ity or other local government which
impounded the animal is required to transfer ownership of the animal to an animal
rescue organization, animal shelter or another person who is able to provide
adequate care and shelter to the animal. (NRS 574.055, 574.203) Sections 3 and 7
of this bill require the owner to be notified of his or her right to request a hearing
within 7 calendar days after receiving the notice. Sections 3 and 7 also provide
that, if the arrested and detained person does not request a hearing, or the owner of
the animal has not been identified within 7 calendar days after the arrest, the animal
is forfeited to the county, city or other local government which took possession of
the animal, who must then dispose of the animal as the count y, city or other local
government sees fit.
Existing law provides that the knowing, purposeful or reckless killing or
injuring of an animal may be an act that constitutes domestic violence. (NRS
33.018) Existing law authorizes a court, by a temporary ord er, to enjoin the adverse
party named in an application for an order for protection against domestic violence
from: (1) physically injuring, threatening to injure or taking possession of any
animal that is owned or kept by the applicant for the order or a minor child and any
animal that is owned or kept by the adverse party; and (2) physically injuring or
threatening to injure any animal that is owned or kept by the adverse party. Existing
law further authorizes the court, by extended order, to specify arra ngements for the
possession and care of any animal owned or kept by the adverse party, applicant or
minor child. (NRS 33.030) Section 8 of this bill authorizes the court, by temporary
order, to enjoin the adverse party from taking possession of an animal that is owned
or kept by the adverse party.
Existing law requires, if a child is adjudicated delinquent for an unlawful act
that involves cruelty to or torture of an animal, the juvenile court to order the child
to participate in counseling or other psych ological treatment. (NRS 62E.680)
Sections 1.9 and 9 of this bill require the juvenile court to order such a child to also
undergo a psychological evaluation.
Existing law provides that if a person is convicted for an unlawful act involving
animal cruelty, a court may order, as a condition of probation, the person to submit
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to a psychiatric evaluation and participate in counseling or therapy. (NRS
176A.416) Sections 1.9 and 11 of this bill authorize a court to also order such a
person to participate in a rehabilitative or educational program.
Section 2 of this bill applies certain definitions in existing law relating to
animal cruelty to the provisions of section 1.9.
Existing law prohibits a person from leaving a pet in a motor vehicle under
certain circumstances. (NRS 202.487) Existing law authorizes a peace officer, an
animal control officer, certain governmental officers and certain other persons to
use any reasonable means necessary to protect a pet left unattended in a motor
vehicle and to remove the pet from the motor vehicle without incurring civil
liability, under certain circumstances. (NRS 202.487) Section 14 of this bill
provides that a person who is immune from civil liability for taking such actions is
also immune from criminal liability. Section 14 also authorizes any other person to
whom existing law does not grant immunity from civil liability to use any
reasonable means necessary to protect a pet left unattended and to remove the pet
from the motor vehicle without incurring civil or criminal liability if the person: (1)
determines that the motor vehicle is l ocked or there is no other reasonable way to
protect the pet or remove the pet from the vehicle; (2) reports the violation to a law
enforcement agency or certain other governmental entities; (3) remains with the pet
until informed that his or her presence is no longer needed by such law enforcement
agency or other governmental entity ; and (4) cooperates with certain persons who
respond to a request for assistance.
EXPLANATION – Matter in bolded italics is new; 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:
Sections 1, 1.2, 1.4, 1.6 and 1.8. (Deleted by amendment.)
Sec. 1.9. Chapter 574 of NRS is hereby amended by adding
thereto a new section to read as follows:
In addition to any other penalty or remedy imposed pursuant to
NRS 574.050 to 574.200, inclusive:
1. A court may, pursuant to NRS 176A.416, order a
defendant convicted of a violation of a provision of NRS 574.050
to 574.200, inclusive, as a condition of probation, to:
(a) Submit to a psychiatric evaluation;
(b) Participate in counseling or therapy; or
(c) Participate in a rehabilitative or educational program.
2. If a defendant convicted of a violation of a provision of
NRS 574.050 to 574.200, inclusive, is a child adjudicated
delinquent for an act that invol ves cruelty to or torture of an
animal, the juvenile court shall, pursuant to NRS 62E.680, order
the child to undergo a psychological evaluation and participate in
counseling or other psychological treatment.
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Sec. 2. NRS 574.050 is hereby amended to read as follows:
574.050 As used in NRS 574.050 to 574.200, inclusive [:] ,
and section 1.9 of this act:
1. “Animal” does not include the human race, but includes
every other living creature.
2. “First responder” means a person who has successfully
completed the national standard course for first responders.
3. “Police animal” means an animal which is owned or used by
a state or local governmental agency and which is used by a peace
officer in performing his or her duties as a peace officer.
4. “Torture” or “cruelty” includes every act , omission or
neglect, whereby unjustifiable physical pain, suffering or death is
caused or permitted.
Sec. 3. NRS 574.055 is hereby amended to read as follows:
574.055 Except as otherwise provided in NRS 574.201 to
574.204, inclusive:
1. Any peace officer or animal control officer shall, upon
discovering any animal which is being treated cruelly, take
possession of [it] the animal and [provide it] :
(a) Provide the animal with shelter and care ; or [, upon
obtaining]
(b) Destroy the animal in a humane manner if:
(1) The officer obtains written permission from the owner of
the animal [, may destroy it in a humane manner.] ;
(2) The officer obtains an order from a court; or
(3) A veterinarian, veterinarian technician or euthanasia
technician licensed pursuant to chapter 638 of NRS examines the
animal and recommends that the animal be humanely destroyed.
2. If an officer takes possession o f an animal , the officer shall
give to the owner, if the owner can be found, a notice containing a
written statement of the reasons for the taking, the location where
the animal will be cared for and sheltered, the fact that there is a
limited lien on the animal for the cost of shelter and care and , if
applicable, notice of the right of the owner to request a hearing
pursuant to NRS 574.203 [within] not later than [5] 7 calendar
days after receipt of the notice. If the owner is not present at the
taking an d the officer cannot find the owner after a reasonable
search, the officer shall post the notice on the property from which
the officer takes the animal. If the identity and address of the owner
are later determined, the notice must be mailed to the owner
immediately after the determination is made.
3. An officer who takes possession of an animal pursuant to
this section has a lien on the animal for the reasonable cost of care
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and shelter furnished to the animal and, if applicable, for its humane
destruction. The lien does not extend to the cost of care and shelter
for more than 2 weeks.
4. [Upon proof that ] If the owner of an animal has been
notified in accordance with the provisions of subsection 2 and the
owner does not request a hearing pursuant to NRS 574.203 or [, if]
the owner has not been found [or identified, that ] not later than 7
calendar days after the required notice has been posted on the
property where the animal was found, [a court of competent
jurisdiction may, after providing an opportunity for a hearing, order]
the animal [sold at auction, humanely destroyed or continued in the
care of ] is forfeited to the [officer] county, city or other local
government which took possession of the animal for [such]
disposition as the [officer] county, city or other local government
sees fit [.
5. An officer who seizes an ] , which may include, without
limitation, the humane destruction of the animal or transferring
ownership of the animal [pursuant] to [this section ] an animal
rescue organization, animal shelter or another person who is able
to provide adequate care and shelter to the animal.
5. The State, political subdivisions of the State, any public
officers or employees of the State or political subdivisions of the
State, and any veterinarian, veterinarian technician or euthanasia
technician who recommends the humane destruction of an animal
pursuant to subsection 1 are not liable for any action arising out of
the taking or humane destruction of the animal.
[6. The provisions of this section do not apply to any animal
which is located on land being employed for an agricultural use as
defined in NRS 361A.030 unless the owner of the animal or the
person charged with the care of the animal is in violation of
paragraph (c) of subsection 1 of NRS 574.100 and the impoundment
is accomplished with the concurrence and supervision of the sheriff
or the sheriff’s designee, a licensed veterinarian and the district
brand inspector or the district brand inspector’s designee. In such a
case, the sheriff shall direct that the impoundment occur not later
than 48 hours after the veterinarian determines that a violation of
paragraph (c) of subsection 1 of NRS 574.100 exists.
7. The owner of an animal impounded in accordance with the
provisions of subsection 6 must, before the animal is released to the
owner’s custody, pay the charges approved by the sheriff as
reasonably related to the impoundment, including the charges for
the animal’s food and water. If the owner is unable or refuses to pay
the charges, the State Department of Agriculture shall sell the
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animal. The Department shall pay to the owner the proceeds of the
sale remaining after deducting the charges reasonably related to the
impoundment.]
Sec. 4. NRS 574.100 is hereby amended to read as follows:
574.100 1. A person shall not:
(a) Torture or unjustifiably maim, mutilate or kill:
(1) An animal kept for companionship or pleasure, whether
belonging to the person or to another; or
(2) Any cat or dog;
(b) Except as otherwise provided in paragraph (a), overdrive,
overload, torture, cruelly beat or unjustifiably injure, maim, mutilate
or kill an animal, whether belonging to the person or to another;
(c) Deprive an animal of necessary sustenance, food or drink, or
neglect or refuse to furnish it such sustenance or drink;
(d) Cause, procure or allow an animal to be overdriven,
overloaded, tortured, cruelly beaten, or unjustifiably injured,
maimed, mutilated or killed or to be deprived o f necessary food or
drink;
(e) Instigate, engage in, or in any way further an act of cruelty to
any animal, or any act tending to produce such cruelty; or
(f) Abandon an animal . [in circumstances other than those
prohibited in NRS 574.110.] The provisions of this paragraph do not
apply to a feral cat that has been caught to provide vaccination,
spaying or neutering and released back to the location where the
feral cat was caught after providing the vaccination, spaying or
neutering. As used in this paragraph, “feral cat” means a cat that has
no apparent owner or identification and appears to be unsocialized
to humans and unmanageable or otherwise demonstrates
characteristics normally associated with a wild or undomesticated
animal.
2. Except as otherwise provided in subsections 3 and 4 and
NRS 574.210 to 574.510, inclusive, a person shall not restrain a
dog:
(a) Using a tether, chain, tie, trolley or pulley system or other
device that:
(1) Is less than 12 feet in length;
(2) Fails to allow the dog to move at least 12 feet or, if the
device is a pulley system, fails to allow the dog to move a total of 12
feet; or
(3) Allows the dog to reach a fence or other object that may
cause the dog to become injured or die by strangulation after
jumping the fence or object or otherwise becoming entangled in the
fence or object;
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(b) Using a prong, pinch or choke collar or similar restraint; or
(c) For more than 10 hours during a 24-hour period.
3. Any pen or other outdoor enclosure that is use d to maintain
a dog must be appropriate for the size and breed of the dog. If any
property that is used by a person to maintain a dog is of insufficient
size to ensure compliance by the person with the provisions of
paragraph (a) of subsection 2, the perso n may maintain the dog
unrestrained in a pen or other outdoor enclosure that complies with
the provisions of this subsection.
4. The provisions of subsections 2 and 3 do not apply to a dog
that is:
(a) Tethered, chained, tied, restrained or placed in a pen or
enclosure by a veterinarian, as defined in NRS 574.330, during the
course of the veterinarian’s practice;
(b) Being used lawfully to hunt a species of wildlife in this State
during the hunting season for that species;
(c) Receiving training to hunt a species of wildlife in this State;
(d) In attendance at and participating in an exhibition, show,
contest or other event in which the skill, breeding or stamina of the
dog is judged or examined;
(e) Being processed into an animal shelter;
(f) Temporarily for a period of less than 1 month:
(1) Being cared for as part of a rescue operation in
conjunction with an animal rescue organization; or
(2) Staying in a camping area;
(g) Living on land that is directly related to an active agricultural
operation, if the restraint is reasonably necessary to ensure the safety
of the dog. As used in this paragraph, “agricultural operation”
means any activity that is necessary for the commercial growing and
harvesting of crops or the raising of livestock or poultry;
(h) Under the direct custody or control of a person, if the person
is engaged in a temporary task or activity with the dog for not more
than 1 hour; or
(i) Being walked by a person using a leash.
5. A person shall not:
(a) Intentionally engage in horse tripping for sport,
entertainment, competition or practice; or
(b) Knowingly organize, sponsor, promote, oversee or receive
money for the admission of any person to a charreada or rodeo that
includes horse tripping.
6. A person who [willfully] :
(a) Willfully and maliciously violates paragraph (a) of
subsection 1:
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[(a)] (1) Except as otherwise provided in [paragraph (b), ]
subparagraph (2) is guilty of a category D felony and shall be
punished as provided in NRS 193.130.
(2) If the act caused t he death of the animal, is guilty of a
category B felony and shall be punished by imprisonment in the
state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years, and may be further
punished by a fine of not more than $10,000.
(b) [If] Violates paragraph (a) of subsection 1 and commits the
act [is committed ] in order to threaten, intimidate or terrorize
another person, is guilty of a category [C] B felony and shall be
punished [as provided in NRS 193.130. ] by imprisonment in the
state prison for a minimum term of not less than 1 year and a
maximum term of not more than 6 years, and may be further
punished by a fine of not more than $10,000.
7. Except as otherwise provided in subsection 6, a person who
violates subsection 1, 2, 3 or 5:
(a) For the first offense within the immediately preceding 7
years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention
facility for not less than 2 days, but not more than 6 months; and
(2) Perform not less than 48 hours, but not more than 120
hours, of community service.
The person shall be further punished by a fine of not less than
$200, but not more than $1,000. A term of imprisonment imposed
pursuant to this p aragraph may be served intermittently at the
discretion of the judge or justice of the peace, except that each
period of confinement must be not less than 4 consecutive hours and
must occur either at a time when the person is not required to be at
the person’s place of employment or on a weekend.
(b) For the second offense within the immediately preceding 7
years, is guilty of a misdemeanor and shall be sentenced to:
(1) Imprisonment in the city or county jail or detention
facility for not less than 10 days, but not more than 6 months; and
(2) Perform not less than 100 hours, but not more than 200
hours, of community service.
The person shall be further punished by a fine of not less than
$500, but not more than $1,000.
(c) For the third and any subs equent offense within the
immediately preceding 7 years, is guilty of a category C felony and
shall be punished as provided in NRS 193.130.
8. In addition to any other fine or penalty provided in
subsection 6 or 7, a court shall order a person convicted of violating
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subsection 1, 2, 3 or 5 to pay restitution for all costs associated with
the care and impoundment of any mistreated animal under
subsection 1, 2, 3 or 5 including, without limitation, money
expended for veterinary treatment, feed and housing.
9. The court may order the person convicted of violating
subsection 1, 2, 3 or 5 to surrender ownership or possession of the
mistreated animal.
10. The provisions of this section do not apply with respect to
an injury to or the death of an animal that occurs accidentally in the
normal course of:
(a) Carrying out the activities of a rodeo or livestock show; or
(b) Operating a ranch.
11. As used in this section, “horse tripping” means the roping
of the legs of or otherwise using a wire, pole, stick, r ope or other
object to intentionally trip or intentionally cause a horse, mule,
burro, ass or other animal of the equine species to fall. The term
does not include:
(a) Tripping such an animal to provide medical or other health
care for the animal; or
(b) Catching such an animal by the legs and then releasing it as
part of a horse roping event for which a permit has been issued by
the local government where the event is conducted.
Sec. 5. NRS 574.105 is hereby amended to read as follows:
574.105 1. A person shall not willfully and maliciously:
(a) Taunt, torment, tease, beat, strike or administer a
desensitizing drug, chemical or substance to a police animal;
(b) Interfere with a police animal or a handler thereof in t he
performance of duties assigned to the police animal or handler; or
(c) Torture, mutilate, injure, poison, disable or kill a police
animal.
2. A person who violates:
(a) Paragraph (a) or (b) of subsection 1 is guilty of a category D
felony and shall be punished as provided in NRS 193.130.
(b) Paragraph (c) of subsection 1 is guilty of:
(1) If the police animal is not totally disabled or killed, a
category D felony and shall be punished as provided in NRS
193.130, and may be further punished by a fine of not more than
$10,000.
(2) If the police animal is totally disabled or killed, a
category [C] B felony and shall be punished [as provided in NRS
193.130.] by imprisonment in the state prison for a minimum term
of not less than 1 year and a maximu m term of not more than 6
years, and may be further punished by a fine of not more than
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$10,000. In addition to the punishment imposed pursuant to this
subparagraph, the court may require a person who is punished
pursuant to this subparagraph to pay restit ution to the agency that
owns the police animal, including, without limitation, payment for
veterinary services and the cost of replacing the police animal.
3. The provisions of this section do not prohibit a euthanasia
technician licensed pursuant to ch apter 638 of NRS, a peace officer
or a veterinarian from euthanizing a police animal in an emergency
if the police animal is critically wounded and would otherwise
endure undue suffering and pain.
Sec. 5.5. (Deleted by amendment.)
Sec. 6. NRS 574.200 is hereby amended to read as follows:
574.200 1. The provisions of NRS 574.050 to 574.510,
inclusive, and section 1.9 of this act do not:
(a) Interfere with any of the fish and game laws contained in
title 45 of NRS or any laws for the destruction of certain birds.
(b) Interfere with the right to destroy any venomous reptiles or
animals, or any animal known as dangerous to life, limb or property.
(c) Interfere with the right to kill all animals and fowl used for
food.
(d) Prohibit or interfere with any properly conducted scientific
experiments or investigations which are performed under the
authority of the faculty of some regularly incorporated medical
college or university of this State.
(e) Interfere with any scientific or physiological experiments
conducted or prosecuted for the advancement of science or
medicine.
(f) Prohibit or interfere with established methods of animal
husbandry, including the raising, handling, feeding, housing and
transporting of livestock or farm animals.
(g) Prohibit providing humane relief to an animal to prevent
the further suffering of the animal when the animal is gravely
injured.
2. Nothing contained in subsection 1 shall be deemed to
exclude a research facility from the provisions of NRS 574.205.
Sec. 7. NRS 574.203 is hereby amended to read as follows:
574.203 1. If a person is lawfully arrested for a violation of
NRS 574.070 or 574.100 and if an animal own ed or possessed by
the person is impounded by the county, city or other local
government in connection with the arrest, the person must be
notified in accordance with the provisions of subsection 2 of NRS
574.055 and be notified of his or her right to request a hearing
within [5] 7 calendar days after receipt of the notice to determine
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whether the person is the owner of the animal and whether the
person is able to provide adequate care and shelter to the animal.
The person must request a hearing pursuant to this subsection within
[5] 7 calendar days after receipt of the notice pursuant to this
subsection.
2. If a person who is lawfully arrested and detained for a
violation of NRS 574.070 or 574.100 does not request a hearing
pursuant to subsection 1, or an owner of the animal has not been
identified within [5] 7 calendar days [of] after the arrest, the
animal is forfeited to the county, city or other local government
[shall transfer] which took possession of the animal for disposition
as the county, city or other local government sees fit, which may
include, without limitation, the humane destruction of the animal
or transferring ownership of the animal to an animal rescue
organization, animal shelter or another person who is able to provide
adequate care and shelter to the animal.
3. If the court receives a timely request pursuant to subsection
1, the court shall hold a hearing within 15 judicial days after receipt
of the request to determine wheth er the person is the owner of an
animal and whether the person is able and fit to provide adequate
care and shelter to the animal.
4. For the purpose of conducting a hearing pursuant to this
section, the court may consider:
(a) Testimony of the peace officer or animal control officer who
took possession of or impounded the animal or other witnesses
concerning the conditions under which the animal was owned or
kept;
(b) Testimony and evidence related to veterinary care provided
to the animal, including, without limitation, the degree or type of
care provided to the animal;
(c) Expert testimony as to community standards for the
reasonable care of a similar animal;
(d) Testimony of witnesses concerning the history of treatment
of the animal or any other animal owned or possessed by the person;
(e) Prior arrests or convictions related to subjecting an animal to
an act of cruelty in violation of NRS 574.070 or 574.100; and
(f) Any other evidence which the court determines is relevant.
Sec. 8. NRS 33.030 is hereby amended to read as follows:
33.030 1. The court by a temporary order may:
(a) Enjoin the adverse party from threatening, physically
injuring or harassing the applicant or minor child, either directly or
through an agent;
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(b) Exclude the adverse party from the applicant’s place of
residence;
(c) Prohibit the adverse party from entering the residence,
school or place of employment of the applicant or minor child and
order the adverse party to stay away from any s pecified place
frequented regularly by them;
(d) If it has jurisdiction under chapter 125A of NRS, grant
temporary custody of the minor child to the applicant;
(e) Enjoin the adverse party from physically injuring,
threatening to injure or taking possession of any animal that is
owned or kept by the applicant or minor child, either directly or
through an agent;
(f) Enjoin the adverse party from physically injuring or
threatening to injure or taking possession of any animal that is
owned or kept by the adverse party, either directly or through an
agent; and
(g) Order such other relief as it deems necessary in an
emergency situation.
2. The court by an extended order may grant any relief
enumerated in subsection 1 and:
(a) Specify arrangements for visitation of the minor child by the
adverse party and require supervision of that visitation by a third
party if necessary;
(b) Specify arrangements for the possession and care of any
animal owned or kept by the adverse party, applicant or minor child;
and
(c) Order the adverse party to:
(1) Avoid or limit communication with the applicant or
minor child;
(2) Pay rent or make payments on a mortgage on the
applicant’s place of residence;
(3) Pay for the support of the applicant or minor child,
including, without limitation, support of a minor child for whom a
guardian has been appointed pursuant to chapter 159A of NRS or a
minor child who has been placed in protective custody pursuant to
chapter 432B of NRS, if the adverse party is found to have a d uty to
support the applicant or minor child;
(4) Pay all costs and fees incurred by the applicant in
bringing the action; and
(5) Pay monetary compensation to the applicant for lost
earnings and expenses incurred as a result of the applicant attending
any hearing concerning an application for an extended order.
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3. If an extended order is issued by a justice court, an
interlocutory appeal lies to the district court, which may affirm,
modify or vacate the order in question. The appeal may be taken
without bond, but its taking does not stay the effect or enforcement
of the order.
4. A temporary or extended order must specify, as applicable,
the county and city, if any, in which the residence, school, child care
facility or other provider of child care, and place of employment of
the applicant or minor child are located.
5. A temporary or extended order must provide notice that:
(a) Responding to a communication initiated by the applicant
may constitute a violation of the protective order; and
(b) A person who is arrested for violating the order will not be
admitted to bail sooner than 12 hours after the person’s arrest if:
(1) The arresting officer determines that such a violation is
accompanied by a direct or indirect threat of harm;
(2) The per son has previously violated a temporary or
extended order for protection; or
(3) At the time of the violation or within 2 hours after the
violation, the person has:
(I) A concentration of alcohol of 0.08 or more in the
person’s blood or breath; or
(II) An amount of a prohibited substance in the person’s
blood or urine, as applicable, that is equal to or greater than the
amount set forth in subsection 3 or 4 of NRS 484C.110.
Sec. 9. NRS 62E.680 is hereby amended to read as follows:
62E.680 1. If a child is adjudicated delinquent for an
unlawful act that involves cruelty to or torture of an animal, the
juvenile court shall order the child to undergo a psychological
evaluation and participate in counseling or other psychological
treatment.
2. Except as otherwise provided in this subsection, the juvenile
court shall not order the child or the parent or guardian of the child
to pay the cost of the child to undergo a psychological e valuation
and participate in the counseling or other psychological treatment.
The juvenile court shall:
(a) To the extent possible, arrange for the child to receive such
psychological evaluation and counseling or treatment from an
approved provider that r eceives a sufficient amount of federal or
state funding to offset the remainder of the costs of such
psychological evaluation and counseling or treatment.
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(b) Arrange for the billing of any available public or private
medical insurance to pay for such psychological evaluation and
counseling or treatment.
(c) Not order the parent or guardian of the child to pay the costs
of such psychological evaluation and counseling or treatment
unless the child receives such psychological evaluation and
counseling or treatment from a provider that is not approved or the
child seeks additional psychological evaluation and counseling or
treatment beyond that recommended for the child, in which case the
parent or guardian of the child shall pay the costs of such
psychological evaluation and counseling or treatment.
3. As used in this section:
(a) “Animal” does not include the human race, but includes
every other living creature.
(b) “Torture” or “cruelty” includes every act, omission or
neglect, whereby u njustifiable physical pain, suffering or death is
caused or permitted.
Sec. 10. (Deleted by amendment.)
Sec. 11. NRS 176A.416 is hereby amended to read as follows:
176A.416 1. As a condition of probation, the court may order
a defendant who is convicted of a violation of chapter 574 of NRS
that is punishable as a felony , [or] gross misdemeanor or
misdemeanor to:
(a) Submit to a psychiatric evaluation; and
(b) Participate in any co unseling , [or] therapy , rehabilitative
program or educational program recommended in the evaluation.
2. The court shall order a defendant, to the extent of the
defendant’s financial ability, to pay the cost for an evaluation and
any counseling , [or] therapy , rehabilitative program or
educational program ordered pursuant to this section.
Secs. 12 and 13. (Deleted by amendment.)
Sec. 14. NRS 202.487 is hereby amended to read as follows:
202.487 1. Except as otherwise provided in subsection [3,] 4,
a person shall not allow a pet to remain unattended in a parked or
standing motor vehicle if conditions, including, without limitation,
extreme heat or cold, present a significant risk to the health and
safety of the pet.
2. Any:
(a) Peace officer;
(b) Animal control officer;
(c) Governmental officer or employee whose primary duty is to
ensure public safety;
(d) Employee or volunteer of any organized fire department; or
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(e) Member of a search and rescue organization in this State that
is under the direct supervision of a sheriff,
who reasonably believes that a violation of this section has
occurred may, without incurring civil or criminal liability, use any
reasonable means necessary to protect the pet and to remove the pet
from the motor vehicle.
3. A person , other than a perso n described in subsection 2,
who reasonably believes that a violation of subsection 1 has
occurred may, without incurring any civil or criminal liability, use
any reasonable means necessary to protect the pet and to remove
the pet from the motor vehicle, if the person:
(a) Determines that the motor vehicle is locked or there is no
other reasonable way to remove the pet from the vehicle;
(b) Reports the violation of subsection 1 to a member of a law
enforcement agency, a 911 emergency service, an animal co ntrol
agency or a fire department and requests assistance;
(c) Remains with the pet in a safe place in close proximity to
the motor vehicle until informed that his or her presence is no
longer necessary by the law enforcement officer, animal control
officer or other person who responds to the request for assistance
made pursuant to paragraph (b); and
(d) Cooperates with any person who responds to the request
for assistance made pursuant to paragraph (b).
4. The provisions of subsection 1 do not apply to:
(a) A police animal or an animal that is used by:
(1) A federal law enforcement agency to assist the agency in
carrying out the duties of the agency; or
(2) A search and rescue organization in this State that is
under the direction of a sheriff to assist the organization in carrying
out the activities of the organization; or
(b) A dog that is under the possession or control of:
(1) An animal control officer; or
(2) A first responder during an emergency.
[4.] 5. A pet that is removed from a mo tor vehicle pursuant to
subsection 2 or 3 shall be deemed to be an animal being treated
cruelly for the purposes of NRS 574.055. A person required by NRS
574.055 to take possession of a pet removed pursuant to this section
may take any action relating to t he pet specified in NRS 574.055
and is entitled to any lien or immunity from liability that is
applicable pursuant to that section.
[5.] 6. The provisions of this section do not:
(a) Interfere with or prohibit any activity, law or right specified
in NRS 574.200; or
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(b) Apply to a person who unintentionally locks a motor vehicle
with a pet in the motor vehicle.
[6.] 7. A person who violates a provision of subsection 1 is
guilty of a misdemeanor.
[7.] 8. As used in this section:
(a) “Animal” has the meaning ascribed to it in NRS 574.050.
(b) “First responder” has the meaning ascribed to it in
NRS 574.050.
(c) “Pet” means a domesticated animal owned or possessed by a
person for the purpose of pleasure or companionship and includes,
without limitation, a cat or dog.
(d) “Police animal” has the meaning ascribed to it in
NRS 574.050.
Sec. 15. (Deleted by amendment.)
Sec. 15.5. NRS 574.110 is hereby repealed.
Sec. 16. This act becomes effective upon passage and
approval.
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