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Assembly bill would help law enforcement recognize and serve tribal protection orders outside reservations

2605362 · March 13, 2025
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Summary

Assembly Bill 369 would expand the evidence officers may use to verify and serve protection orders issued by tribal courts, including digital copies and statements by respondents; sponsor said the change aims to close enforcement gaps that leave Indigenous victims vulnerable when they travel or work off reservation.

CARSON CITY — Assembly Bill 369, which would revise enforcement procedures for protection orders issued by Indian tribes, was presented to the Assembly Judiciary Committee on Tuesday.

Sponsor Shay Backus told the committee the bill responds to gaps that victim advocates and tribal representatives identified after last session’s work on missing and murdered Indigenous persons. “AB 369 expands the evidence an officer may use to determine a valid protection order on its face to include digital evidence,” Backus said, and the bill would allow officers to rely on statements by the respondent and to follow a defined process when a temporary protection order cannot be enforced because the respondent asserts they have not been served.

Why it matters: Backus and witnesses said tribal courts exercise sovereign authority and issue protection orders to protect those at risk, but enforcement off tribal lands can fail when officers lack a verifiable physical copy or proof of service. The sponsor said the bill aims to reaffirm full faith and credit for tribal protection orders under existing Nevada law (NRS 33.085) and to modernize enforcement mechanics so a valid tribal order can be enforced outside reservation boundaries.

The bill would specifically: allow officers to accept digital copies of tribal protection orders as evidence of validity on their face; permit officers to consider statements by the person subject to the order when determining whether to enforce it; require officers to make a reasonable effort to notify a respondent, provide a copy of the order and allow a reasonable period for compliance when service is disputed; and require officers to document actions taken in those circumstances.

Supporters included legal-aid and domestic-violence providers. Jonathan Norman of the Nevada Coalition of Legal Service Providers said the bill “makes sense” and noted his experience in Indian country, saying protection orders that stop at reservation boundaries leave victims vulnerable when they travel to shop or work off reservation. Liz Ortenberger, CEO of SafeNest, said the period when a victim leaves an abusive relationship is often most dangerous and described the bill as a way to reduce domestic-violence homicides among tribal communities.

Committee members asked technical questions about whether oral notice alone can constitute service and about the interplay of tribal, federal and state jurisdiction. Backus acknowledged the complexity and said she is working with stakeholders to refine language; she cited last session’s AB125, which made changes to missing-person reporting and created a tribal liaison at the Department of Public Safety.

No votes were taken; the bill was heard and public testimony recorded. Backus said she will continue stakeholder discussions and may file clarifying amendments.