USA Statutes : nevada
Title : Title 14 - PROCEDURE IN CRIMINAL CASES
Chapter : CHAPTER 179 - SPECIAL PROCEEDINGS OF A CRIMINAL NATURE; SEALING RECORDS OF CRIMINAL PROCEEDINGS; REWARDS; FORMS
As used in NRS 179.015 to 179.115 ,
inclusive, the term “property” includes documents, books, papers and any
other tangible objects.
(Added to NRS by 1967, 1458)
A search warrant authorized
by NRS 179.015 to 179.115 , inclusive, may be issued by a magistrate of
the State of Nevada.
(Added to NRS by 1967, 1458)
A warrant may be issued under
NRS 179.015 to 179.115 , inclusive, to search for and seize any
property:
1. Stolen or embezzled in violation of the laws of the State of
Nevada, or of any other state or of the United States;
2. Designed or intended for use or which is or has been used as
the means of committing a criminal offense; or
3. When the property or things to be seized consist of any item or
constitute any evidence which tends to show that a criminal offense has
been committed, or tends to show that a particular person has committed a
criminal offense.
(Added to NRS by 1967, 1458)
1. A search warrant may issue only on affidavit or affidavits
sworn to before the magistrate and establishing the grounds for issuing
the warrant or as provided in subsection 2. If the magistrate is
satisfied that grounds for the application exist or that there is
probable cause to believe that they exist, he shall issue a warrant
identifying the property and naming or describing the person or place to
be searched.
2. In lieu of the affidavit required by subsection 1, the
magistrate may take an oral statement given under oath, which must be
recorded in the presence of the magistrate or in his immediate vicinity
by a certified court reporter or by electronic means, transcribed,
certified by the reporter if he recorded it, and certified by the
magistrate. The statement must be filed with the clerk of the court.
3. Upon a showing of good cause, the magistrate may order an
affidavit or a recording of an oral statement given pursuant to this
section to be sealed. Upon a showing of good cause, a court may cause the
affidavit or recording to be unsealed.
4. After a magistrate has issued a search warrant, whether it is
based on an affidavit or an oral statement given under oath, he may
orally authorize a peace officer to sign the name of the magistrate on a
duplicate original warrant. A duplicate original search warrant shall be
deemed to be a search warrant. It must be returned to the magistrate who
authorized the signing of his name on it. The magistrate shall endorse
his name and enter the date on the warrant when it is returned to him.
Any failure of the magistrate to make such an endorsement and entry does
not in itself invalidate the warrant.
5. The warrant must be directed to a peace officer in the county
where the warrant is to be executed. It must:
(a) State the grounds or probable cause for its issuance and the
names of the persons whose affidavits have been taken in support thereof;
or
(b) Incorporate by reference the affidavit or oral statement upon
which it is based.
Ê The warrant must command the officer to search forthwith the person or
place named for the property specified.
6. The warrant must direct that it be served between the hours of
7 a.m. and 7 p.m., unless the magistrate, upon a showing of good cause
therefor, inserts a direction that it be served at any time.
7. The warrant must designate the magistrate to whom it is to be
returned.
(Added to NRS by 1967, 1459; A 1975, 39; 1981, 1652; 1993, 1412;
1997, 741)
1. The officer may break open any outer or inner door or window of
a house, or any part of the house, or anything therein, to execute the
warrant, if, after notice of his authority and purpose, he is refused
admittance.
2. The officer may break open any outer or inner door or window of
a house for the purpose of liberating a person who, having entered to aid
him in the execution of his warrant, is detained therein, or when
necessary for his own liberation.
3. All reasonable and necessary force may be used to effect an
entry into any building or property or part thereof to execute a search
warrant. In the execution of the warrant, the person executing it may
reasonably detain and search any person in the place at the time in order
to protect himself from attack or to prevent destruction, disposal or
concealment of any instruments, articles or things particularly described
in the warrant.
(Added to NRS by 1967, 1459)
When a
person charged with a felony is supposed to have on his person a
dangerous weapon, or anything which may be used as evidence of the
commission of the offense, the officer making the arrest shall cause him
to be searched, and the weapon or other thing to be retained, subject to
the order of the court in which the defendant may be tried.
(Added to NRS by 1967, 1459)
1. The warrant may be executed and returned only within 10 days
after its date.
2. The officer taking property under the warrant shall give to the
person from whom or from whose premises the property was taken a copy of
the warrant and a receipt for the property taken or shall leave the copy
and receipt at the place from which the property was taken.
3. The return shall be made promptly and shall be accompanied by a
written inventory of any property taken. The inventory shall be made in
the presence of the applicant for the warrant and the person from whose
possession or premises the property was taken, if they are present, or in
the presence of at least one credible person other than the applicant for
the warrant or the person from whose possession or premises the property
was taken, and shall be verified by the officer.
4. The magistrate shall upon request deliver a copy of the
inventory to the person from whom or from whose premises the property was
taken and to the applicant for the warrant.
(Added to NRS by 1967, 1459)
1. A person aggrieved by an unlawful search and seizure may move
the court having jurisdiction where the property was seized for the
return of the property and to suppress for use as evidence anything so
obtained on the ground that:
(a) The property was illegally seized without warrant;
(b) The warrant is insufficient on its face;
(c) There was not probable cause for believing the existence of the
grounds on which the warrant was issued; or
(d) The warrant was illegally executed.
Ê The judge shall receive evidence on any issue of fact necessary to the
decision of the motion.
2. If the motion is granted the property shall be restored unless
otherwise subject to lawful detention and it shall not be admissible
evidence at any hearing or trial.
3. The motion to suppress evidence may also be made in the court
where the trial is to be had. The motion shall be made before trial or
hearing unless opportunity therefor did not exist or the defendant was
not aware of the grounds for the motion, but the court in its discretion
may entertain the motion at the trial or hearing.
(Added to NRS by 1967, 1460)
The magistrate who has
issued a search warrant shall attach to the warrant the duplicate
original warrant, if any, and a copy of the return, inventory and all
other papers in connection therewith and shall file them with the clerk
of the court having jurisdiction where the property was seized.
(Added to NRS by 1967, 1460; A 1981, 1653)
All property
or things taken on a warrant must be retained by an officer in his
custody, subject to the order of the court to which he is required to
return the proceedings before him, or of any other court in which the
offense in respect to which the property or things are taken is triable.
If it appears that the property taken is not the same as that described
in the warrant, or that there is no probable cause for believing the
existence of the grounds on which the warrant was issued, the magistrate
shall cause it to be restored to the person from whom it was taken.
However, no search warrant shall be quashed by any magistrate or judge
within this State nor shall any evidence based upon a search warrant be
suppressed in any criminal action or proceeding because of mere technical
irregularities which do not affect the substantial rights of the accused.
(Added to NRS by 1967, 1460)
NRS 179.015
to 179.115 , inclusive, do not modify
any other statute regulating search, seizure and the issuance and
execution of search warrants in circumstances for which special provision
is made.
(Added to NRS by 1967, 1460)
FORFEITURES
Except as otherwise provided in NRS 207.350
to 207.520 , inclusive, the provisions of NRS 179.1156
to 179.119 , inclusive, govern the seizure, forfeiture and
disposition of all property and proceeds subject to forfeiture.
(Added to NRS by 1987, 1380; A 1989, 1789)
As used in NRS 179.1156 to 179.119 ,
inclusive, unless the context otherwise requires, the words and terms
defined in NRS 179.1158 to 179.11635
, inclusive, have the meanings
ascribed to them in those sections.
(Added to NRS by 1987, 1380; A 1989, 1789; 1991, 209)
“Claimant” means any person who
claims to have:
1. Any right, title or interest of record in the property or
proceeds subject to forfeiture;
2. Any community property interest in the property or proceeds; or
3. Had possession of the property or proceeds at the time of the
seizure thereof by the plaintiff.
(Added to NRS by 1987, 1380)
“Plaintiff” means the law
enforcement agency which has commenced a proceeding for forfeiture.
(Added to NRS by 1987, 1380)
“Proceeds” means any property,
or that part of an item of property, derived directly or indirectly from
the commission or attempted commission of a crime.
(Added to NRS by 1987, 1380)
“Property” includes any:
1. Real property or interest in real property.
2. Fixture or improvement to real property.
3. Personal property, whether tangible or intangible, or interest
in personal property.
4. Conveyance, including any aircraft, vehicle or vessel.
5. Money, security or negotiable instrument.
6. Proceeds.
(Added to NRS by 1987, 1380)
“Protected interest”
means the enforceable interest of a claimant in property, which interest
is shown not to be subject to forfeiture.
(Added to NRS by 1987, 1380)
“Willful blindness”
means the intentional disregard of objective facts which would lead a
reasonable person to conclude that the property was derived from unlawful
activity or would be used for an unlawful purpose.
(Added to NRS by 1991, 209)
1. Except as otherwise provided in subsection 2, the following
property is subject to seizure and forfeiture in a proceeding for
forfeiture:
(a) Any proceeds attributable to the commission or attempted
commission of any felony.
(b) Any property or proceeds otherwise subject to forfeiture
pursuant to NRS 179.121 , 200.760 , 202.257 ,
370.419 , 453.301 or 501.3857 .
2. Property may not, to the extent of the interest of any
claimant, be declared forfeited by reason of an act or omission shown to
have been committed or omitted without the knowledge, consent or willful
blindness of the claimant.
3. Unless the owner of real property or a mobile home:
(a) Has given the tenant notice to surrender the premises pursuant
to NRS 40.254 within 90 days after the
owner receives notice of a conviction pursuant to subsection 2 of NRS
453.305 ; or
(b) Shows the court that he had good cause not to evict the tenant
summarily pursuant to NRS 40.254 ,
Ê the owner of real property or a mobile home used or intended for use by
a tenant to facilitate any violation of the provisions of NRS 453.011
to 453.552 , inclusive, except NRS 453.336 , is disputably presumed to have known of and consented to that
use if the notices required by NRS 453.305 have been given in connection with another such violation
relating to the property or mobile home. The holder of a lien or
encumbrance on the property or mobile home is disputably presumed to have
acquired his interest in the property for fair value and without
knowledge or consent to such use, regardless of when the act giving rise
to the forfeiture occurred.
(Added to NRS by 1987, 1380; A 1989, 1235; 1991, 209, 2286, 2288;
1995, 2534; 2001, 1066 ; 2003, 562 ; 2005, 1198 )
1. Except as provided in subsection 2, property that is subject to
forfeiture may only be seized by a law enforcement agency upon process
issued by a magistrate having jurisdiction over the property.
2. A seizure of property may be made by a law enforcement agency
without process if:
(a) The seizure is incident to:
(1) An arrest;
(2) A search pursuant to a search warrant; or
(3) An inspection pursuant to a warrant for an
administrative inspection;
(b) The property is the subject of a final judgment in a proceeding
for forfeiture;
(c) The law enforcement agency has probable cause to believe that
the property is directly or indirectly dangerous to health or safety; or
(d) The law enforcement agency has probable cause to believe that
the property is subject to forfeiture.
(Added to NRS by 1985, 1466; A 1987, 1382)
1. All right, title and interest in property subject to forfeiture
vests in the plaintiff:
(a) In the case of property used or intended for use to facilitate
the commission or attempted commission of any felony, when the property
is so used or intended for such use.
(b) In the case of property otherwise subject to forfeiture, when
the event giving rise to the forfeiture occurs.
(c) In the case of proceeds, when they become proceeds.
2. Any transfer of property which occurs after title to the
property has become vested in the plaintiff, and before the termination
of the proceeding for forfeiture, is void as against the plaintiff,
unless the person to whom the transfer is made is a good faith purchaser
for value. If such a transfer is made, the purchaser must, in the
proceeding for forfeiture, establish by a preponderance of the evidence
that he has:
(a) An interest of record in the property;
(b) Given fair value for his interest; and
(c) Acquired his interest without notice of the proceeding or the
facts giving rise to the proceeding.
Ê If the purchaser acquires his interest after the seizure of the
property by the plaintiff, it is conclusively presumed that the interest
has been acquired with notice of the proceeding.
(Added to NRS by 1987, 1381)
1. Except as otherwise provided in NRS 179.1156 to 179.119 ,
inclusive, the Nevada Rules of Civil Procedure are applicable to and
constitute the rules of practice in a proceeding for forfeiture pursuant
to those sections.
2. A proceeding for forfeiture is commenced by filing a complaint
for forfeiture. If the property has been seized without process, the
plaintiff shall promptly file the complaint for forfeiture. The property
is subject to an action to claim its delivery only if the plaintiff does
not file the complaint for forfeiture within 60 days after the property
is seized. If the complaint for forfeiture is filed following the
commencement of an action claiming delivery, the complaint must be
treated as a counterclaim.
3. A proceeding for forfeiture is in rem. The complaint for
forfeiture must be filed in the district court for the county in which
the property which is the subject of the proceeding is located.
4. The plaintiff shall cause service of the summons and complaint
to be made upon each claimant whose identity is known to the plaintiff or
who can be identified through the exercise of reasonable diligence. If
real property or any interest in real property is affected by the
proceeding, the plaintiff shall file notice of the proceeding in the
manner provided in NRS 14.010 .
5. Each claimant served with the summons and complaint who desires
to contest the forfeiture shall, within 20 days after the service, serve
and file his verified answer to the complaint. The claimant shall admit
or deny the averments of the complaint and shall, in short and plain
terms, describe the interest which he asserts in the property.
Concurrently with the answer, the claimant shall serve answers or
objections to any written interrogatories served upon him with the
summons and complaint.
6. No person, other than the plaintiff and any claimant, is a
proper party in the proceeding.
(Added to NRS by 1987, 1381)
1. The district court shall proceed as soon as practicable to a
trial and determination of the matter. A proceeding for forfeiture is
entitled to priority over other civil actions which are not otherwise
entitled to priority.
2. At a proceeding for forfeiture, the plaintiff or claimant may
file a motion for an order staying the proceeding and the court shall
grant that motion if a criminal action which is the basis of the
proceeding is pending trial. The court shall, upon a motion made by the
plaintiff, lift the stay upon a satisfactory showing that the claimant is
a fugitive.
3. The plaintiff in a proceeding for forfeiture must establish
proof by clear and convincing evidence that the property is subject to
forfeiture.
4. In a proceeding for forfeiture, the rule of law that
forfeitures are not favored does not apply.
5. The plaintiff is not required to plead or prove that a claimant
has been charged with or convicted of any criminal offense. If proof of
such a conviction is made, and it is shown that the judgment of
conviction has become final, the proof is, as against any claimant,
conclusive evidence of all facts necessary to sustain the conviction.
6. The plaintiff has an absolute privilege to refuse to disclose
the identity of any person, other than a witness, who has furnished to a
law enforcement officer information purporting to reveal the commission
of a crime. The privilege may be claimed by an appropriate representative
of the plaintiff.
7. If the court determines that the property is not subject to
forfeiture, the court shall order the property and any interest accrued
pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled
to the property. If the court determines that the property is subject to
forfeiture, the court shall so decree. The property, including any
interest accrued pursuant to subsection 2 of NRS 179.1175 , must be forfeited to the plaintiff, subject
to the right of any claimant who establishes a protected interest. Any
such claimant must, upon the sale or retention of the property, be
compensated for his interest in the manner provided in NRS 179.118 .
(Added to NRS by 1987, 1382; A 2001, 874 )
1. Except as otherwise provided in subsection 2, after property
has been seized the agency which seized the property may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency for the
storage of that type of property; or
(c) Remove the property to an appropriate place for disposition in
a manner authorized by the court.
2. If an agency seizes currency, unless otherwise ordered by the
court, the agency shall deposit the currency in an interest-bearing
account maintained for the purpose of holding currency seized by the
agency.
3. When a court declares property to be forfeited, the plaintiff
may:
(a) Retain it for official use;
(b) Sell any of it which is neither required by law to be destroyed
nor harmful to the public; or
(c) Remove it for disposition in accordance with the applicable
provisions of NRS.
(Added to NRS by 1985, 1467; A 1987, 1383; 2001, 875 )
1. The proceeds from any sale or retention of property declared to
be forfeited and any interest accrued pursuant to subsection 2 of NRS
179.1175 must be applied, first, to
the satisfaction of any protected interest established by a claimant in
the proceeding, then to the proper expenses of the proceeding for
forfeiture and resulting sale, including the expense of effecting the
seizure, the expense of maintaining custody, the expense of advertising
and the costs of the suit.
2. Any balance remaining after the distribution required by
subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, if the
plaintiff seized the property, in the special account established
pursuant to NRS 179.1187 by the
governing body that controls the plaintiff.
(b) Except as otherwise provided in this subsection, if the
plaintiff is a metropolitan police department, in the special account
established by the Metropolitan Police Committee on Fiscal Affairs
pursuant to NRS 179.1187 .
(c) Except as otherwise provided in this subsection, if more than
one agency was substantially involved in the seizure, in an equitable
manner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to NRS 200.760 , in the State Treasury for credit to the Fund
for the Compensation of Victims of Crime to be used for the counseling
and the medical treatment of victims of crimes committed in violation of
NRS 200.366 , 200.710 to 200.730 ,
inclusive, or 201.230 .
(e) If the property was seized as the result of a violation of NRS
202.300 , in the general fund of the
county in which the complaint for forfeiture was filed, to be used to
support programs of counseling of persons ordered by the court to attend
counseling pursuant to NRS 62E.290 .
(Added to NRS by 1985, 1467; A 1987, 1383; 1989, 1789; 1995, 1150;
1997, 1599; 2001, 875 ; 2003, 1120 )
If a vehicle or other conveyance is
forfeited of a kind which is subject to the provisions of title 43 of NRS
governing certificates of title, the agency charged by law with
responsibility for issuing certificates of title for conveyances of the
kind shall issue a certificate of title to:
1. The governing body or the agency to whom the title was awarded
by the court if the conveyance is retained for official use; or
2. The purchaser if the conveyance is sold by the governing body
or the plaintiff.
(Added to NRS by 1985, 1467; A 1987, 1384; 2003, 478 )
1. The governing body controlling each law enforcement agency that
receives proceeds from the sale of forfeited property shall establish
with the State Treasurer, county treasurer, city treasurer or town
treasurer, as custodian, a special account, known as the
“................. Forfeiture Account.” The account is a separate and
continuing account and no money in it reverts to the State General Fund
or the general fund of the county, city or town at any time. For the
purposes of this section, the governing body controlling a metropolitan
police department is the Metropolitan Police Committee on Fiscal Affairs.
2. The money in the account may be used for any lawful purpose
deemed appropriate by the chief administrative officer of the law
enforcement agency, except that:
(a) The money must not be used to pay the ordinary operating
expenses of the agency.
(b) Money derived from the forfeiture of any property described in
NRS 453.301 must be used to enforce the provisions of chapter 453 of NRS.
(c) Money derived from the forfeiture of any property described in
NRS 501.3857 must be used to enforce the provisions of title 45 of NRS.
(d) Seventy percent of the amount of money in excess of $100,000
remaining in the account at the end of each fiscal year, as determined
based upon the accounting standards of the governing body controlling the
law enforcement agency that are in place on March 1, 2001, must be
distributed to the school district in the judicial district. If the
judicial district serves more than one county, the money must be
distributed to the school district in the county from which the property
was seized.
3. Notwithstanding the provisions of paragraphs (a) and (b) of
subsection 2, money in the account derived from the forfeiture of any
property described in NRS 453.301 may be used to pay for the operating expenses of a joint task
force on narcotics otherwise funded by a federal, state or private grant
or donation. As used in this subsection, “joint task force on narcotics”
means a task force on narcotics operated by the Department of Public
Safety in conjunction with other local or federal law enforcement
agencies.
4. A school district that receives money pursuant to paragraph (d)
of subsection 2 shall deposit such money into a separate account. The
interest and income earned on the money in the account, after deducting
any applicable charges, must be credited to the account. The money in the
account must be used to purchase books and computer hardware and software
for the use of the students in that school district.
5. The chief administrative officer of a law enforcement agency
that distributes money to a school district pursuant to paragraph (d) of
subsection 2 shall submit a report to the Director of the Legislative
Counsel Bureau before January 1 of each odd-numbered year. The report
must contain the amount of money distributed to each school district
pursuant to paragraph (d) of subsection 2 in the preceding biennium.
(Added to NRS by 1989, 1789; A 1991, 2287; 2001 876; 2003, 2528
)
1. Any law enforcement agency that receives forfeited property or
the proceeds of a sale of such property pursuant to the provisions
contained in NRS 179.1156 to 179.119
, inclusive, shall:
(a) File a quarterly report of the approximate value of the
property and the amount of the proceeds with the entity that controls the
budget of the agency; and
(b) Provide the entity that controls the budget of the agency with
a quarterly accounting of the receipt and use of the proceeds.
2. Revenue from forfeitures must not be considered in the
preparation of the budget of a law enforcement agency except as money to
match money from the Federal Government.
(Added to NRS by 1985, 1468; A 1987, 1384; 1989, 1790; 2003, 2529
)
1. All personal property, including, without limitation, any tool,
substance, weapon, machine, computer, money or security, which is used as
an instrumentality in any of the following crimes is subject to
forfeiture:
(a) The commission of or attempted commission of the crime of
murder, robbery, kidnapping, burglary, invasion of the home, grand
larceny, theft if it is punishable as a felony, or pandering;
(b) The commission of or attempted commission of any felony with
the intent to commit, cause, aid, further or conceal an act of terrorism;
(c) A violation of NRS 202.445 or
202.446 ;
(d) The commission of any crime by a criminal gang, as defined in
NRS 213.1263 ; or
(e) A violation of NRS 200.463 ,
200.464 , 200.465 , 202.265 ,
202.287 , 205.473 to 205.513 ,
inclusive, 205.610 to 205.810 , inclusive, 370.380 , 370.382 , 370.395 , 370.405 or 465.070 to 465.085 , inclusive.
2. Except as otherwise provided for conveyances forfeitable
pursuant to NRS 453.301 or 501.3857 , all conveyances, including aircraft, vehicles or vessels,
which are used or intended for use during the commission of a felony or a
violation of NRS 202.287 , 202.300
or 465.070 to 465.085 , inclusive, are subject to forfeiture except that:
(a) A conveyance used by any person as a common carrier in the
transaction of business as a common carrier is not subject to forfeiture
under this section unless it appears that the owner or other person in
charge of the conveyance is a consenting party or privy to the felony or
violation;
(b) A conveyance is not subject to forfeiture under this section by
reason of any act or omission established by the owner thereof to have
been committed or omitted without his knowledge, consent or willful
blindness;
(c) A conveyance is not subject to forfeiture for a violation of
NRS 202.300 if the firearm used in the
violation of that section was not loaded at the time of the violation; and
(d) A forfeiture of a conveyance encumbered by a bona fide security
interest is subject to the interest of the secured party if he neither
had knowledge of nor consented to the felony. If a conveyance is
forfeited, the appropriate law enforcement agency may pay the existing
balance and retain the conveyance for official use.
3. For the purposes of this section, a firearm is loaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of the firearm, if the
firearm is a revolver; or
(c) There is a cartridge in the magazine and the magazine is in the
firearm or there is a cartridge in the chamber, if the firearm is a
semiautomatic firearm.
4. As used in this section, “act of terrorism” has the meaning
ascribed to it in NRS 202.4415 .
(Added to NRS by 1983, 1135; A 1985, 638, 1239; 1989, 656, 1187,
1188, 1241, 1242, 1453; 1991, 210, 2287, 2288; 1995, 1150, 1424; 1997,
639; 1999, 2711 ; 2003, 2952 ; 2005, 90 , 1199 )
DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED
Except as provided in NRS 52.385 , when property, alleged to have been stolen or
embezzled, shall come into the custody of a peace officer, he shall hold
the same subject to the order of the magistrate authorized by NRS 179.135
to direct the disposal thereof.
(Added to NRS by 1967, 1460; A 1975, 1184)
On
satisfactory proof of the title of the owner of the property, the
magistrate to whom the information is laid, or who shall examine the
charge against the person accused of stealing or embezzling the property,
may order it to be delivered to the owner, on his paying the reasonable
and necessary expenses incurred in its preservation, to be certified by
the magistrate. The order shall entitle the owner to demand and receive
the property.
(Added to NRS by 1967, 1460)
If the
property stolen or embezzled come into the custody of the magistrate, it
shall be delivered to the owner on satisfactory proof of his title, and
on his paying the necessary expenses incurred in its preservation, to be
certified by the magistrate.
(Added to NRS by 1967, 1461)
If the
property stolen or embezzled has not been delivered to the owner, the
court before which a conviction is had for stealing or embezzling it may,
on proof of his title, order it to be restored to the owner.
(Added to NRS by 1967, 1461)
1. Except as otherwise provided in subsections 2 and 3, a law
enforcement agency which has custody of property that has been stolen or
embezzled shall, if the agency knows or can reasonably discover the name
and address of the owner or the person entitled to possession of the
property, notify the owner or the person entitled to possession of the
property by letter of the location of the property and the method by
which the owner or the person entitled to possession of the property may
claim it.
2. If the property that has been stolen or embezzled is a firearm,
the law enforcement agency shall notify only the owner of the firearm of
the location of the property and the method by which the owner may claim
it.
3. If the property that has been stolen or embezzled was obtained
from a pawnbroker pursuant to NRS 646.047 , the law enforcement agency shall, in addition to notifying
the persons described in subsection 1 or 2, as appropriate, notify the
pawnbroker from whom it was obtained.
4. The notice must be mailed by certified or registered mail:
(a) Upon the conviction of the person who committed the offense;
(b) Upon the decision of the police or district attorney not to
pursue or prosecute the case; or
(c) When the case is otherwise terminated.
5. If the property stolen or embezzled is not claimed by the owner
or the person entitled to possession of the property before the
expiration of 6 months after the date the notice is mailed or, if no
notice is required, after the date notice would have been sent if it were
required, the magistrate or other officer having it in custody shall,
except as otherwise provided in this subsection, on payment of the
necessary expenses incurred for its preservation, deliver it to the
county treasurer, who shall dispose of the property as provided in
subsection 6. If a metropolitan police department which is organized
pursuant to chapter 280 of NRS has custody of
the property, the sheriff of the department may deliver it to the county
treasurer and accept the net proceeds, if any, from the disposition of
the property pursuant to subsection 6 in lieu of the payment of expenses
incurred for the property’s preservation.
6. Upon receiving stolen or embezzled property pursuant to this
section, the county treasurer shall petition the district court for an
order authorizing him to:
(a) Conduct an auction for the disposal of salable property;
(b) Dispose of property not deemed salable by donations to
charitable organizations or by destruction;
(c) Destroy property the possession of which is deemed illegal or
dangerous; or
(d) Dispose of property not purchased at an auction by donations to
charitable organizations or by destruction.
7. Records of the property disposed of by sale, destruction or
donation and an accounting of the cash received by the county treasurer
from the sales must be filed with the county clerk.
(Added to NRS by 1967, 1461; A 1973, 565; 1989, 382; 1999, 753
)
CRIMINAL EXTRADITION (UNIFORM ACT)
NRS 179.177 to 179.235 ,
inclusive, may be cited as the Uniform Criminal Extradition Act.
(Added to NRS by 1967, 1098)
As used in NRS 179.177 to 179.235 ,
inclusive, unless the context requires otherwise:
1. “Executive authority” means the governor, and any person
performing the functions of governor in a state other than this state.
2. “Governor” means any person performing the functions of
Governor by authority of the law of this state.
3. “State,” when referring to a state other than this state, means
any other state or territory, organized or unorganized, of the United
States of America.
(Added to NRS by 1967, 1098)
Subject to
the provisions of NRS 179.177 to
179.235 , inclusive, the provisions of
the Constitution of the United States controlling, and any and all Acts
of Congress enacted in pursuance thereof, it is the duty of the Governor
of this state to have arrested and delivered up to the executive
authority of any other state of the United States any person charged in
that state with treason, felony or other crime, who has fled from justice
and is found in this state.
(Added to NRS by 1967, 1098)
No demand for the extradition of a
person charged with crime in another state shall be recognized by the
Governor unless it is:
1. In writing alleging, except in cases arising under NRS 179.189
, that the accused was present in the
demanding state at the time of the commission of the alleged crime, and
that thereafter he fled from the state; and
2. Accompanied by a copy of an indictment found or by information
supported by affidavit in the state having jurisdiction of the crime, or
by a copy of an affidavit made before a magistrate there, together with a
copy of any warrant which was issued thereupon; or
3. Accompanied by a copy of a judgment of conviction or of a
sentence imposed in execution thereof, together with a statement by the
executive authority of the demanding state that the person claimed has
escaped from confinement or has broken the terms of his bail, probation
or parole.
Ê The indictment, information or affidavit made before the magistrate
must substantially charge the person demanded with having committed a
crime under the law of that state; and the copy of indictment,
information, affidavit, judgment of conviction or sentence must be
authenticated by the executive authority making the demand.
(Added to NRS by 1967, 1098)
When a demand is made
upon the Governor of this state by the executive authority of another
state for the surrender of a person so charged with crime, the Governor
may call upon the Attorney General or any prosecuting officer in this
state to investigate or assist in investigating the demand, and to report
to him the situation and circumstances of the person so demanded, and
whether he ought to be surrendered.
(Added to NRS by 1967, 1099)
1. When it is desired to have returned to this state a person
charged in this state with a crime, and such person is imprisoned or is
held under criminal proceedings then pending against him in another
state, the Governor of this state may agree with the executive authority
of such other state for the extradition of such person before the
conclusion of such proceedings or his term of sentence in such other
state, upon condition that such person be returned to such other state at
the expense of this state as soon as the prosecution in this state is
terminated.
2. The Governor of this state may also surrender on demand of the
executive authority of any other state any person in this state who is
charged in the manner provided in NRS 179.223 with having violated the laws of the state
whose executive authority is making the demand, even though such person
left the demanding state involuntarily.
(Added to NRS by 1967, 1099)
The Governor of this state may also
surrender, on demand of the executive authority of any other state, any
person in this state charged in such other state in the manner provided
in NRS 179.183 with committing an act
in this state, or in a third state, intentionally resulting in a crime in
the state whose executive authority is making the demand, and the
provisions of NRS 179.177 to 179.235
, inclusive, not otherwise inconsistent
shall apply to such cases, even though the accused was not in that state
at the time of the commission of the crime, and has not fled therefrom.
(Added to NRS by 1967, 1099)
1. If the Governor decides that the demand should be complied
with, he shall sign a warrant of arrest, which must be sealed with the
state seal, and be directed to any peace officer or other person whom he
may think fit to entrust with the execution thereof. The warrant must
substantially recite the facts necessary to the validity of its issuance.
2. A telegraphic copy or an abstract of the Governor’s warrant may
be sent by telegraph, teletype or any other electronic device to the
person entrusted with the execution of the warrant. The copy or abstract
is as effectual as the original warrant issued by the Governor.
3. The person who causes a telegraphic copy or abstract of the
Governor’s warrant to be sent must certify as correct, and file in the
telegraphic office from which the copy or abstract is sent, a copy of the
warrant, and must return the original with a statement of his actions
under the warrant.
(Added to NRS by 1967, 1099; A 1987, 91)
Such warrant shall
authorize the peace officer or other person to whom directed to:
1. Arrest the accused at any time and any place where he may be
found within the State;
2. Command the aid of all peace officers or other persons in the
execution of the warrant; and
3. Deliver the accused, subject to the provisions of NRS 179.177
to 179.235 , inclusive, to the duly authorized agent of
the demanding state.
(Added to NRS by 1967, 1099)
Every such peace
officer or other person empowered to make the arrest shall have the same
authority, in arresting the accused, to command assistance therein as
peace officers have by law in the execution of any criminal process
directed to them, with like penalties against those who refuse their
assistance.
(Added to NRS by 1967, 1100)
1. No person arrested upon such warrant shall be delivered over to
the agent whom the executive authority demanding him has appointed to
receive him unless he is first taken forthwith before a judge of a court
of record in this state, who shall inform him of the demand made for his
surrender and of the crime with which he is charged, and that he has the
right to demand and procure legal counsel.
2. If the prisoner or his counsel state that he or they desire to
test the legality of his arrest, the judge of such court of record shall
fix a reasonable time to be allowed him within which to apply to the
district court for a writ of habeas corpus.
3. When such writ is applied for, notice thereof, and of the time
and place of hearing thereon, shall be given to the prosecuting officer
of the county in which the arrest is made and in which the accused is in
custody, and to the agent of the demanding state.
(Added to NRS by 1967, 1100; A 1983, 539)
197 . Any officer who delivers to the agent for
extradition of the demanding state a person in his custody under the
Governor’s warrant, in willful disobedience to NRS 179.197 , shall be guilty of a misdemeanor.
(Added to NRS by 1967, 1100)
1. The officer or persons executing the Governor’s warrant of
arrest, or the agent of the demanding state to whom the prisoner may have
been delivered may, when necessary, confine the prisoner in the jail or
detention facility of any county or city through which he may pass, and
the keeper of the jail or detention facility shall receive and safely
keep the prisoner until the officer or person having charge of him is
ready to proceed on his route, such officer or person being chargeable
with the expense of keeping.
2. The officer or agent of a demanding state to whom a prisoner
may have been delivered following extradition proceedings in another
state, or to whom a prisoner may have been delivered after waiving
extradition in another state, and who is passing through this state with
a prisoner for the purpose of immediately returning the prisoner to the
demanding state may, when necessary, confine the prisoner in the jail or
detention facility of any county or city through which he may pass, and
the keeper of the jail or detention facility shall receive and safely
keep the prisoner until the officer or agent having charge of him is
ready to proceed on his route, such officer or agent being chargeable
with the expense of keeping. The officer or agent shall produce and show
to the keeper of the jail or detention facility satisfactory written
evidence of the fact that he is actually transporting a prisoner to the
demanding state after a requisition by the executive authority of the
demanding state. The prisoner is not entitled to demand a new requisition
while in this state.
(Added to NRS by 1967, 1100; A 1989, 1178)
1. Whenever any person within this state is charged on the oath of
any credible person before any judge or magistrate of this state with the
commission of any crime in any other state and, except in cases arising
under NRS 179.189 , with having fled
from justice, or with having been convicted of a crime in that state and
having escaped from confinement, or having broken the terms of his bail,
probation or parole; or
2. Whenever complaint has been made before any judge or magistrate
in this state setting forth on the affidavit of any credible person in
another state that a crime has been committed in such other state and
that the accused has been charged in such state with the commission of
the crime, and, except in cases arising under NRS 179.189 , has fled from justice, or with having been
convicted of a crime in that state and having escaped from confinement,
or having broken the terms of his bail, probation or parole and is
believed to be in this state,
Ê the judge or magistrate shall issue a warrant directed to any peace
officer commanding him to apprehend the person named therein, wherever he
may be found in this state, and to bring him before the same or any other
judge, magistrate or court who or which may be available in or convenient
of access to the place where the arrest may be made, to answer the charge
or complaint and affidavit. A certified copy of the sworn charge or
complaint and affidavit upon which the warrant is issued shall be
attached to the warrant.
(Added to NRS by 1967, 1100)
The arrest of a person may be
lawfully made also by any peace officer or a private person, without a
warrant upon reasonable information that the accused stands charged in
the courts of a state with a crime punishable by death or imprisonment
for a term exceeding 1 year; but when so arrested the accused must be
taken before a judge or magistrate with all practicable speed and
complaint must be made against him under oath setting forth the ground
for the arrest as in NRS 179.203 .
Thereafter his answer shall be heard as if he had been arrested on a
warrant.
(Added to NRS by 1967, 1101)
If from the
examination before the judge or magistrate it appears that the person
held is the person charged with having committed the crime alleged and,
except in cases arising under NRS 179.189 , that he has fled from justice, the judge or
magistrate must, by a warrant reciting the accusation, commit him to the
county jail for such a time, not exceeding 30 days and specified in the
warrant, as will enable the arrest of the accused to be made under a
warrant of the Governor on a requisition of the executive authority of
the state having jurisdiction of the offense, unless the accused gives
bail as provided in NRS 179.209 , or
until he is legally discharged.
(Added to NRS by 1967, 1101; A 1967, 1389)
Unless the
offense with which the prisoner is charged is shown to be an offense
punishable by death or life imprisonment under the laws of the state in
which it was committed, or unless the prisoner is charged as a parole
violator or escaped convict, a judge or magistrate in this state may
admit the person arrested to bail by bond, with sufficient sureties, and
in such sum as he deems proper, conditioned for his appearance before him
at a time specified in such bond, and for his surrender, to be arrested
upon the warrant of the Governor of this state. No prisoner may be
admitted to bail after having been arrested upon the warrant of the
Governor of this state.
(Added to NRS by 1967, 1101; A 1973, 800)
If the
accused is not arrested under warrant of the Governor by the expiration
of the time specified in the warrant or bond, a judge or magistrate may
discharge him or may recommit him for a further period not to exceed 60
days, or a judge or magistrate judge may again take bail for his
appearance and surrender, as provided in NRS 179.209 , but within a period not to exceed 60 days
after the date of such new bond.
(Added to NRS by 1967, 1101)
If the prisoner is admitted to
bail, and fails to appear and surrender himself according to the
conditions of his bond, the judge, or magistrate by proper order, shall
declare the bond forfeited and order his immediate arrest without warrant
if he is within this state. Recovery may be had on such bond in the name
of the State as in the case of other bonds given by the accused in
criminal proceedings within this state.
(Added to NRS by 1967, 1102)
If a criminal prosecution has been instituted
against such person under the laws of this State and is still pending,
the Governor, in his discretion, either may surrender him on demand of
the executive authority of another state or hold him until he has been
tried and discharged or convicted and punished in this State.
(Added to NRS by 1967, 1102)
The guilt or innocence of the accused as to the crime of which he is
charged may not be inquired into by the Governor or in any proceeding
after the demand for extradition accompanied by a charge of crime in
legal form as above provided has been presented to the Governor, except
as it may be involved in identifying the person held as the person
charged with the crime.
(Added to NRS by 1967, 1102)
The
Governor may recall his warrant of arrest or may issue another warrant
whenever he deems proper.
(Added to NRS by 1967, 1102)
Whenever
the Governor of this State demands a person charged with crime or with
escaping from confinement or breaking the terms of his bail, probation or
parole in this State, from the executive authority of any other state, or
from the Chief Justice or an associate justice of the Supreme Court of
the District of Columbia authorized to receive such demand under the laws
of the United States, he shall issue a warrant under the seal of this
State, to some agent, commanding him to receive the person so charged if
delivered to him and convey him to the proper officer of the county in
this State in which the offense was committed.
(Added to NRS by 1967, 1102)
1. When the return to this state of a person charged with crime in
this state is required, the district attorney shall present to the
Governor his written application for a requisition for the return of the
person charged in which application must be stated:
(a) The name of the person so charged;
(b) The crime charged against him;
(c) The approximate time, place and circumstances of its commission;
(d) The state in which he is believed to be, including the location
of the accused therein at the time the application is made; and
(e) A certification that, in the opinion of the district attorney,
the ends of justice require the arrest and return of the accused to this
state for trial and that the proceeding is not instituted to enforce a
private claim.
2. When the return to this state is required of a person who has
been convicted of a crime in this state and has escaped from confinement
or broken the terms of his bail, probation or parole, the district
attorney of the county in which the offense was committed, the State
Board of Parole Commissioners, the Chief Parole and Probation Officer,
the Director of the Department of Corrections or the sheriff of the
county from which escape was made shall present to the Governor a written
application for a requisition for the return of the person, in which
application must be stated:
(a) The name of the person;
(b) The crime of which he was convicted;
(c) The circumstances of his escape from confinement or of the
breach of the terms of his bail, probation or parole; and
(d) The state in which he is believed to be, including the location
of the person therein at the time application is made.
3. The application must be verified by affidavit, executed in
duplicate and accompanied by two certified copies of the indictment
returned, or information and affidavit filed, or of the complaint made to
the judge or magistrate, stating the offense with which the accused is
charged, or of the judgment of conviction or of the sentence. The
district attorney, State Board of Parole Commissioners, Chief Parole and
Probation Officer, Director of the Department of Corrections or sheriff
may also attach such further affidavits and other documents in duplicate
as he deems proper to be submitted with the application. One copy of the
application, with the action of the Governor indicated by endorsement
thereon, and one of the certified copies of the indictment, complaint,
information and affidavits, or of the judgment of conviction or of the
sentence must be filed in the Office of the Secretary of State of the
State of Nevada to remain of record in that office. The other copies of
all papers must be forwarded with the Governor’s requisition.
(Added to NRS by 1967, 1102; A 1969, 15; 1977, 864; 1985, 149; 2001
Special Session, 224 )
1. If the punishment of the crime is the confinement of the
criminal in prison, the expenses must be paid from money appropriated to
the Office of the Attorney General for that purpose, upon approval by the
State Board of Examiners. After the appropriation is exhausted, the
expenses must be paid from the Reserve for Statutory Contingency Account
upon approval by the State Board of Examiners. In all other cases, they
must be paid out of the county treasury in the county wherein the crime
is alleged to have been committed. The expenses are:
(a) If the prisoner is returned to this State from another state,
the fees paid to the officers of the state on whose governor the
requisition is made;
(b) If the prisoner is returned to this State from a foreign
country or jurisdiction, the fees paid to the officers and agents of this
State or the United States; or
(c) If the prisoner is temporarily returned for prosecution to this
State from another state pursuant to this chapter or chapter 178 of NRS and is then returned to the sending state
upon completion of the prosecution, the fees paid to the officers and
agents of this State,
Ê and the necessary traveling expenses and subsistence allowances in the
amounts authorized by NRS 281.160
incurred in returning the prisoner.
2. If a person is returned to this State pursuant to this chapter
or chapter 178 of NRS and is convicted of, or
pleads guilty or nolo contendere to the criminal charge for which he was
returned or a lesser criminal charge, the court shall conduct an
investigation of the financial status of the person to determine his
ability to make restitution. In conducting the investigation, the court
shall determine if the person is able to pay any existing obligations for:
(a) Child support;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paid pursuant to
NRS 62E.270 , 176.059 , 176.0611 ,
176.0613 and 176.062 .
3. If the court determines that the person is financially able to
pay the obligations described in subsection 2, it shall, in addition to
any other sentence it may impose, order the person to make restitution
for the expenses incurred by the Attorney General or other governmental
entity in returning him to this State. The court shall not order the
person to make restitution if payment of restitution will prevent him
from paying any existing obligations described in subsection 2. Any
amount of restitution remaining unpaid constitutes a civil liability
arising upon the date of the completion of his sentence.
4. The Attorney General may adopt regulations to carry out the
provisions of this section.
(Added to NRS by 1967, 1103; A 1968, 22; 1969, 640; 1973, 170;
1983, 727; 1991, 1754; 1993, 305, 935; 1995, 2459; 1997, 150, 1599; 2003,
1121 , 1473 , 2105 )
A person brought into this State by, or after waiver of,
extradition based on a criminal charge shall not be subject to service of
personal process in civil actions arising out of the same facts as the
criminal proceeding to answer which he is being or has been returned,
until he has been convicted in the criminal proceeding, or, if acquitted,
until he has had reasonable opportunity to return to the state from which
he was extradited.
(Added to NRS by 1967, 1103)
1. Except as otherwise provided in subsection 3, a person arrested
in this State who is charged with having committed a crime in another
state or who is alleged to have escaped from confinement, or broken the
terms of his bail, probation or parole may waive the issuance and service
of the warrant provided for in NRS 179.191 and 179.193
and all other procedure incidental to extradition proceedings, by
executing or subscribing in the presence of a judge of a court of record
within this State a writing which states that he consents to return to
the demanding state. Before the waiver is executed or subscribed, the
judge shall inform the person of his rights to the issuance and service
of a warrant of extradition and to obtain a writ of habeas corpus as
provided for in NRS 179.197 .
2. An executed waiver must be forwarded immediately to the Office
of the Attorney General of this State and filed therein. The judge shall
remand the person to custody without bail, unless otherwise stipulated by
the district attorney with the concurrence of the other state, and shall
direct the officer having the person in custody to deliver him
immediately to an accredited agent of the demanding state, and shall
deliver or cause to be delivered to the agent a copy of the waiver.
3. A law enforcement agency which has custody of a person in this
State who is alleged to have broken the terms of his probation, parole,
bail or other release shall, after the resolution of all criminal charges
filed in this State against that person, immediately deliver that person
to the accredited agent of the demanding state without a warrant issued
pursuant to NRS 179.191 and 179.193
if:
(a) The person has signed a waiver of extradition as a condition of
his probation, parole, bail or other release in the demanding state; and
(b) The law enforcement agency has received:
(1) An authenticated copy of the waiver of extradition
signed by the person; and
(2) A photograph and copy of the fingerprints of the person
that identify him as the person who signed the waiver.
4. This section does not limit:
(a) The right of the accused person to return voluntarily and
without formality to the demanding state;
(b) The powers, rights or duties of the officers of the demanding
state or of this State; or
(c) Other procedures concerning the waiver of extradition.
(Added to NRS by 1967, 1103; A 1991, 153; 1993, 249; 1997, 151)
Nothing contained in NRS
179.177 to 179.235 , inclusive, shall be deemed to constitute a
waiver by this State of its right, power or privilege to try such
demanded person for crime committed within this State, or of its right,
power or privilege to regain custody of such person by extradition
proceedings or otherwise for the purpose of trial, sentence or punishment
for any crime committed within this State, nor shall any proceedings had
under NRS 179.177 to 179.235 , inclusive, which result in, or fail to result
in, extradition be deemed a waiver by this State of any of its rights,
privileges or jurisdiction in any way whatsoever.
(Added to NRS by 1967, 1104)
After a person has been brought back
to this State by or after waiver of extradition proceedings, he may be
tried in this State for other crimes which he may be charged with having
committed here as well as that specified in the requisition for his
extradition.
(Added to NRS by 1967, 1104)
The provisions of NRS 179.177 to 179.235 ,
inclusive, shall be so interpreted and construed as to effectuate their
general purposes to make uniform the law of those states which enact them.
(Added to NRS by 1967, 1104)
SEALING RECORDS OF CRIMINAL PROCEEDINGS
1. Except as otherwise provided in subsection 5 and NRS 176A.265
, 179.259 and 453.3365 , a person may petition the court in which he was convicted
for the sealing of all records relating to a conviction of:
(a) A category A or B felony after 15 years from the date of his
release from actual custody or discharge from parole or probation,
whichever occurs later;
(b) A category C or D felony after 12 years from the date of his
release from actual custody or discharge from parole or probation,
whichever occurs later;
(c) A category E felony after 7 years from the date of his release
from actual custody or discharge from parole or probation, whichever
occurs later;
(d) Any gross misdemeanor after 7 years from the date of his
release from actual custody or discharge from probation, whichever occurs
later;
(e) A violation of NRS 484.379 other than a felony, or a battery which constitutes domestic
violence pursuant to NRS 33.018 other
than a felony, after 7 years from the date of his release from actual
custody or from the date when he is no longer under a suspended sentence,
whichever occurs later; or
(f) Any other misdemeanor after 2 years from the date of his
release from actual custody or from the date when he is no longer under a
suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by current, verified records of the petitioner’s
criminal history received from:
(1) The Central Repository for Nevada Records of Criminal
History; and
(2) The local law enforcement agency of the city or county
in which the conviction was entered;
(b) Include a list of any other public or private agency, company,
official or other custodian of records that is reasonably known to the
petitioner to have possession of records of the conviction and to whom
the order to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge and belief of
the petitioner, accurately and completely identifies the records to be
sealed.
3. Upon receiving a petition pursuant to this section, the court
shall notify the law enforcement agency that arrested the petitioner for
the crime and:
(a) If the person was convicted in a district court or Justice
Court, the prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court, the
prosecuting attorney for the city.
Ê The prosecuting attorney and any person having relevant evidence may
testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in the period
prescribed in subsection 1, the petitioner has not been charged with any
offense for which the charges are pending or convicted of any offense,
except for minor moving or standing traffic violations, the court may
order sealed all records of the conviction which are in the custody of
the court, of another court in the State of Nevada or of a public or
private agency, company or official in the State of Nevada, and may also
order all such criminal identification records of the petitioner returned
to the file of the court where the proceeding was commenced from,
including, but not limited to, the Federal Bureau of Investigation, the
California Bureau of Identification and Information, sheriffs’ offices
and all other law enforcement agencies reasonably known by either the
petitioner or the court to have possession of such records.
5. A person may not petition the court to seal records relating to
a conviction of a crime against a child or a sexual offense.
6. If the court grants a petition for the sealing of records
pursuant to this section, upon the request of the person whose records
are sealed, the court may order sealed all records of the civil
proceeding in which the records were sealed.
7. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in NRS
179D.210 .
(b) “Sexual offense” means:
(1) Murder of the first degree committed in the perpetration
or attempted perpetration of sexual assault or of sexual abuse or sexual
molestation of a child less than 14 years of age pursuant to paragraph
(b) of subsection 1 of NRS 200.030 .
(2) Sexual assault pursuant to NRS 200.366 .
(3) Statutory sexual seduction pursuant to NRS 200.368
, if punishable as a felony.
(4) Battery with intent to commit sexual assault pursuant to
NRS 200.400 .
(5) An offense involving the administration of a drug to
another person with the intent to enable or assist the commission of a
felony pursuant to NRS 200.405 , if the
felony is an offense listed in this paragraph.
(6) An offense involving the administration of a controlled
substance to another person with the intent to enable or assist the
commission of a crime of violence pursuant to NRS 200.408 , if the crime of violence is an offense listed
in this paragraph.
(7) Abuse of a child pursuant to NRS 200.508 , if the abuse involved sexual abuse or sexual
exploitation.
(8) An offense involving pornography and a minor pursuant to
NRS 200.710 to 200.730 , inclusive.
(9) Incest pursuant to NRS 201.180 .
(10) Solicitation of a minor to engage in acts constituting
the infamous crime against nature pursuant to NRS 201.195 .
(11) Open or gross lewdness pursuant to NRS 201.210 , if punishable as a felony.
(12) Indecent or obscene exposure pursuant to NRS 201.220
, if punishable as a felony.
(13) Lewdness with a child pursuant to NRS 201.230 .
(14) Sexual penetration of a dead human body pursuant to NRS
201.450 .
(15) Luring a child or mentally ill person pursuant to NRS
201.560 , if punishable as a felony.
(16) An attempt to commit an offense listed in subparagraphs
(1) to (15), inclusive.
(Added to NRS by 1971, 955; A 1983, 1088; 1991, 303; 1993, 38;
1997, 1673, 1803, 3159; 1999, 647 , 648 , 649 ; 2001, 1167 , 1692 ; 2001 Special Session, 261 ; 2003, 312 , 316 , 319 , 1385 ; 2005, 2355 )
1. If a person has been arrested for alleged criminal conduct and
the charges are dismissed or such person is acquitted of the charges, the
person may petition:
(a) The court in which the charges were dismissed, at any time
after the date the charges were dismissed; or
(b) The court in which the acquittal was entered, at any time after
the date of the acquittal,
Ê for the sealing of all records relating to the arrest and the
proceedings leading to the dismissal or acquittal.
2. A petition filed pursuant to this section must:
(a) Be accompanied by a current, verified record of the criminal
history of the petitioner received from the local law enforcement agency
of the city or county in which the petitioner appeared in court;
(b) Include a list of any other public or private agency, company,
official and other custodian of records that is reasonably known to the
petitioner to have possession of records of the arrest and of the
proceedings leading to the dismissal or acquittal and to whom the order
to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge and belief of
the petitioner, accurately and completely identifies the records to be
sealed.
3. Upon receiving a petition pursuant to this section, the court
shall notify the law enforcement agency that arrested the petitioner for
the crime and:
(a) If the charges were dismissed or the acquittal was entered in a
district court or Justice Court, the prosecuting attorney for the county;
or
(b) If the charges were dismissed or the acquittal was entered in a
municipal court, the prosecuting attorney for the city.
Ê The prosecuting attorney and any person having relevant evidence may
testify and present evidence at the hearing on the petition.
4. If, after the hearing, the court finds that there has been an
acquittal or that the charges were dismissed and there is no evidence
that further action will be brought against the person, the court may
order sealed all records of the arrest and of the proceedings leading to
the acquittal or dismissal which are in the custody of the court, of
another court in the State of Nevada or of a public or private company,
agency or official in the State of Nevada.
(Added to NRS by 1971, 955; A 1997, 3160; 2001, 1693 )
1. Except as otherwise provided in subsections 3 and 4, 5 years
after an eligible person completes a program for reentry, the court may
order sealed all documents, papers and exhibits in the eligible person’s
record, minute book entries and entries on dockets, and other documents
relating to the case in the custody of such other agencies and officers
as are named in the court’s order. The court may order those records
sealed without a hearing unless the Division of Parole and Probation of
the Department of Public Safety petitions the court, for good cause
shown, not to seal the records and requests a hearing thereon.
2. If the court orders sealed the record of an eligible person,
the court shall send a copy of the order to each agency or officer named
in the order. Each such agency or officer shall notify the court in
writing of its compliance with the order.
3. A professional licensing board is entitled, for the purpose of
determining suitability for a license or liability to discipline for
misconduct, to inspect and to copy from a record sealed pursuant to this
section.
4. A person may not petition the court to seal records relating to
a conviction of a crime against a child or a sexual offense.
5. As used in this section:
(a) “Crime against a child” has the meaning ascribed to it in NRS
179D.210 .
(b) “Eligible person” means a person who has:
(1) Successfully completed a program for reentry to which he
participated in pursuant to NRS 209.4886 , 209.4888 ,
213.625 or 213.632 ; and
(2) Been convicted of a single offense which was punishable
as a felony and which did not involve the use or threatened use of force
or violence against the victim. For the purposes of this subparagraph,
multiple convictions for an offense punishable as a felony shall be
deemed to constitute a single offense if those offenses arose out of the
same transaction or occurrence.
(c) “Program for reentry” means:
(1) A correctional program for reentry of offenders and
parolees into the community that is established by the Director of the
Department of Corrections pursuant to NRS 209.4887 ; or
(2) A judicial program for reentry of offenders and parolees
into the community that is established in a judicial district pursuant to
NRS 209.4883 .
(d) “Sexual offense” has the meaning ascribed to it in paragraph
(b) of subsection 7 of NRS 179.245 .
(Added to NRS by 2001, 1166 ; A 2003, 26 , 2586 )
1. A person whose petition is denied under NRS 179.245 or 179.255
may petition for a rehearing not sooner than 2 years after the denial of
the previous petition.
2. No person may petition for more than two rehearings.
(Added to NRS by 1971, 956)
Where the court
orders the sealing of a record pursuant to NRS 176A.265 , 179.245 ,
179.255 , 179.259 or 453.3365 , a copy of the order must be sent to:
1. The Central Repository for Nevada Records of Criminal History;
and
2. Each public or private company, agency or official named in the
order, and that person shall seal the records in his custody which relate
to the matters contained in the order, shall advise the court of his
compliance, and shall then seal the order.
(Added to NRS by 1971, 956; A 1991, 304; 1999, 2089 ; 2001, 1168 ; 2001 Special Session, 261 ; 2003, 312 )
Except as otherwise
provided in NRS 179.301 :
1. If the court orders a record sealed pursuant to NRS 176A.265
, 179.245 , 179.255 ,
179.259 or 453.3365 :
(a) All proceedings recounted in the record are deemed never to
have occurred, and the person to whom the order pertains may properly
answer accordingly to any inquiry, including, without limitation, an
inquiry relating to an application for employment, concerning the arrest,
conviction, dismissal or acquittal and the events and proceedings
relating to the arrest, conviction, dismissal or acquittal.
(b) The person is immediately restored to the following civil
rights if his civil rights previously have not been restored:
(1) The right to vote;
(2) The right to hold office; and
(3) The right to serve on a jury.
2. Upon the sealing of his records, a person who is restored to
his civil rights must be given an official document which demonstrates
that he has been restored to the civil rights set forth in paragraph (b)
of subsection 1.
3. A person who has had his records sealed in this State or any
other state and whose official documentation of the restoration of his
civil rights is lost, damaged or destroyed may file a written request
with a court of competent jurisdiction to restore his civil rights
pursuant to this section. Upon verification that the person has had his
records sealed, the court shall issue an order restoring the person to
the civil rights to vote, to hold office and to serve on a jury. A person
must not be required to pay a fee to receive such an order.
4. A person who has had his records sealed in this State or any
other state may present official documentation that he has been restored
to his civil rights or a court order restoring his civil rights as proof
that he has been restored to the right to vote, to hold office and to
serve as a juror.
(Added to NRS by 1971, 956; A 1981, 1105; 1991, 304; 2001, 1169
, 1694 ; 2001 Special Session, 262 ; 2003, 312 , 316 , 319 , 2687 )
1. The person who is the subject of the records that are sealed
pursuant to NRS 176A.265 , 179.245
, 179.255 , 179.259 or
453.3365 may petition the court that ordered the records sealed to
permit inspection of the records by a person named in the petition, and
the court may order such inspection. Except as otherwise provided in this
section and NRS 179.259 and 179.301
, the court may not order the inspection
of the records under any other circumstances.
2. If a person has been arrested, the charges have been dismissed
and the records of the arrest have been sealed, the court may order the
inspection of the records by a prosecuting attorney upon a showing that
as a result of newly discovered evidence, the person has been arrested
for the same or similar offense and that there is sufficient evidence
reasonably to conclude that he will stand trial for the offense.
3. The court may, upon the application of a prosecuting attorney
or an attorney representing a defendant in a criminal action, order an
inspection of such records for the purpose of obtaining information
relating to persons who were involved in the incident recorded.
4. This section does not prohibit a court form considering a
conviction for which records have been sealed pursuant to NRS 176A.265
, 179.245 , 179.255 ,
179.259 or 453.3365 in determining whether to grant a petition pursuant to NRS
176A.265 , 179.245 , 179.255 ,
179.259 or 453.3365 for a conviction of another offense.
(Added to NRS by 1971, 956; A 1981, 1105; 1991, 304; 1997, 3160;
2001, 1169 , 1694 ; 2001 Special Session, 262 ; 2003, 312 , 316 , 319 )
1. The State Gaming Control Board and the Nevada Gaming Commission
and their employees, agents and representatives may inquire into and
inspect any records sealed pursuant to NRS 179.245 or 179.255 ,
if the event or conviction was related to gaming, to determine the
suitability or qualifications of any person to hold a state gaming
license, manufacturer’s, seller’s or distributor’s license or
registration as a gaming employee pursuant to chapter 463 of NRS. Events and convictions, if any, which are the subject of an
order sealing records:
(a) May form the basis for recommendation, denial or revocation of
those licenses.
(b) Must not form the basis for denial or rejection of a gaming
work permit unless the event or conviction relates to the applicant’s
suitability or qualifications to hold the work permit.
2. A prosecuting attorney may inquire into and inspect any records
sealed pursuant to NRS 179.245 or
179.255 if:
(a) The records relate to a violation or alleged violation of NRS
202.575 ; and
(b) The person who is the subject of the records has been arrested
or issued a citation for violating NRS 202.575 .
3. The Central Repository for Nevada Records of Criminal History
and its employees may inquire into and inspect any records sealed
pursuant to NRS 179.245 or 179.255
that constitute information relating to
sexual offenses, and may notify employers of the information in
accordance with NRS 179A.180 to
179A.240 , inclusive.
4. Records which have been sealed pursuant to NRS 179.245 or 179.255
and which are retained in the statewide registry established pursuant to
NRS 179B.200 may be inspected
pursuant to chapter 179B of NRS by an
officer or employee of the Central Repository for Nevada Records of
Criminal History or a law enforcement officer in the regular course of
his duties.
5. As used in this section:
(a) “Information relating to sexual offenses” means information
contained in or concerning a record of criminal history, or the records
of criminal history of the United States or another state, relating in
any way to a sexual offense.
(b) “Sexual offense” has the meaning ascribed to it in NRS 179A.073
.
(Added to NRS by 1981, 1105; A 1987, 1759; 1997, 1674; 2003, 2688
, 2833 ; 2003, 20th Special Session, 16 ; 2005, 973 )
REWARDS
1. The Governor shall offer a standing reward of $250 for the
arrest of:
(a) Each person engaged in the robbery of, or in the attempt to
rob, any person upon, or having in charge in whole or in part, any
railroad train or other conveyance engaged at the time in conveying
passengers, or any private conveyance within this State.
(b) Each person engaged in the robbery of, or in the attempt to
rob, any person upon any highway in this State.
2. The reward must be paid to the person or persons making the
arrest immediately upon the conviction of the person so arrested, but no
reward may be paid except after such a conviction.
3. The reward must be paid from the Reserve for Statutory
Contingency Account upon approval by the State Board of Examiners.
4. The provisions of this section do not apply to any sheriff,
constable, marshal or police officer who makes an arrest in the
performance of the duties of his office in the county where the officer
resides or in which his official duties are required to be performed.
[1:53:1877; A 1885, 35; BH § 1918; C § 1927; RL § 3905; NCL §
6720]—(NRS A 1963, 1111; 1991, 1754)
FORMS
1. Unless otherwise expressly required by this title, no
particular form of words is required to be used in any pleading, warrant,
order, motion or other paper incident to a criminal proceeding.
Substantial compliance with any statutory requirement as to content, or
in the absence of any such requirement, language which reasonably informs
the defendant or other person to whom such paper is directed of its
nature, is sufficient.
2. The use of one of the forms set out in NRS 179.320 to 179.400 ,
inclusive, modified as may be necessary to fit the case, is prima facie
sufficient for their respective purposes.
(Added to NRS by 1967, 1461)
A warrant of arrest may be in
substantially the following form:
Warrant of Arrest
County of ............................... The State of Nevada, to
any sheriff, constable, marshal, policeman, or peace officer in this
State: A complaint, upon oath, has been this day laid before me by A. B.
that the crime of (designate it) has been committed, and accusing C. D.
thereof; you are therefore commanded forthwith to arrest the above-named
C. D. and bring him before me at (naming the place), or, in case of my
absence or inability to act, before the nearest or most accessible
magistrate in this county.
Dated at ............................., this ....... day of the
month of ............ of the year .......
...........................................................................
............
(Signature and official title of magistrate)
(Added to NRS by 1967, 1461; A 2001, 39 )
A summons may be in substantially the
following form:
Summons
State of Nevada }
}ss.
County of................................................... }
The State of Nevada to the (naming defendant or corporation):
You are hereby summoned to appear before me at (naming the place)
on (specifying the day and hour), to answer a charge made against you
upon the complaint of A. B. for (designating the offense generally).
Dated at .............................., this ....... day of the
month of ........... of the year .......
...........................................................................
............
(Signature and official title of magistrate)
(Added to NRS by 1967, 1462; A 2001, 39 )
A search warrant may be in
substantially the following form:
Search Warrant
State of Nevada }
}ss.
County of................................................... }
The State of Nevada, to any peace officer in the County of
................. Proof by affidavit having been made before me by
(naming every person whose affidavit has been taken) that (stating the
grounds or probable cause for issuance).
You are hereby commanded to search (naming the person or describing
with reasonable particularity the place to be searched) for the following
property (describing it with reasonable particularity), making the search
(in the daytime or at any time, as determined by the magistrate) and if
any such property is found there to seize it, prepare a written inventory
of the property seized and bring the property before me (or another
designated magistrate).
Dated at .............................., this ....... day of the
month of ........... of the year .......
...........................................................................
............
(Signature and official title of magistrate)
(Added to NRS by 1967, 1462; A 2001, 40 )
A motion for the return of seized property and the
suppression of evidence may be in substantially the following form:
Motion for the Return of Seized Property
and the Suppression of Evidence
Defendant (naming defendant) hereby moves this court to direct that
certain property of which he is the owner, a schedule of which is annexed
hereto, and which on (stating date and time), at (describing the place),
was unlawfully seized and taken from him by a peace officer of the State
of Nevada (name and designation of peace officer, or, if so, state “whose
true name is unknown to the petitioner”), be returned to him and that it
be suppressed as evidence against him in any criminal proceeding.
The petitioner further states that the property was seized against
his will and without a search warrant (or other reason why the warrant is
defective or illegal).
...........................................................................
............
(Attorney for Petitioner)
(Added to NRS by 1967, 1462)
An undertaking for bail after arrest and before preliminary examination
may be in substantially the following form:
Undertaking
A warrant having been issued on the ........ day of the month of
............ of the year ......., by ........................, a justice
of the peace of ........................ County, for the arrest of
........................ (stating name of the accused), upon a charge of
........................ (stating briefly the nature of the offense),
upon which he has been arrested and duly ordered admitted to bail in the
sum of .................. dollars and ordered to appear before the
magistrate who issued the warrant, we, ......................., of
........................, and ........................ (stating their
names and place of residence), hereby undertake that the above-named
........................ shall appear and answer the charge above
mentioned, at ............. o’clock ...m., on the ....... day of the
month of ........... of the year ......., before
........................, the magistrate issuing the warrant, at his
office in ....................., ..................... County, State of
Nevada, and that the above-named (insert name of accused) shall appear
and answer the charge above mentioned in whatever court and before
whatever magistrate it may be prosecuted, or before which he may be
required to appear by law, and shall at all times render himself amenable
to the orders and process of the court and the requirements of the law,
and if convicted shall appear for judgment and render himself in
execution thereof; or if he fail to perform any of these conditions, that
we will pay to the State of Nevada the sum of ............. dollars
(inserting the sum in which the defendant is admitted to bail).
...........................................................................
............
...........................................................................
............
(Signatures of Sureties)
(Added to NRS by 1967, 1463; A 2001, 40 )
An endorsement on a warrant of arrest for
commitment for preliminary examination may be in substantially the
following form:
Endorsement
The within-named A. B., having been brought before me under this
warrant, is committed for examination to the sheriff (or other
appropriate peace officer) of the County of .............................
...........................................................................
............
(Signature and official title of magistrate)
(Added to NRS by 1967, 1463)
A discharge
after preliminary examination may be in substantially the following form:
Discharge
There being no sufficient cause to believe the within-named A. B.
guilty of the offense within named, I order him to be discharged.
...........................................................................
............
(Signature and official title of magistrate)
(Added to NRS by 1967, 1463)
Commitment and bail may be in substantially the following form:
Commitment and Bail
It appearing to me by the within depositions and statement (if any)
that the offense therein named (or any other offense according to the
fact, stating generally the nature thereof) has been committed, and that
there is sufficient cause to believe the within-named A. B. guilty
thereof, I order that he be held to answer the same (and he is hereby
committed to the sheriff of the County of ........................) or
(and I have admitted him to bail to answer by the undertaking hereto
annexed) or (and that he be admitted to bail in the sum of .............
dollars, and is committed to the sheriff of the County of
........................ until he give such bail).
...........................................................................
....................
(Signature and official title of magistrate)
(Added to NRS by 1967, 1463)
A commitment where defendant is held to answer
after a preliminary examination may be in substantially the following
form:
Commitment
County of ........................ (as the case may be).
The State of Nevada to the sheriff of the County of
.............................: An order having been this day made by me
that A. B. be held to answer upon a charge of (stating briefly the nature
of the offense, and giving as near as may be the time when and the place
where the same was committed), you are commanded to receive him into your
custody and detain him until he is legally discharged.
Dated this ........ day of the month of ............ of the year
.......
...........................................................................
............
(Signatures and official title of magistrate)
(Added to NRS by 1967, 1464; A 2001, 41 )
An undertaking for bail after preliminary examination and
before arraignment may be in substantially the following form:
Undertaking
An order having been made on the ........ day of the month of
............ of the year ....... by A. B., a justice of the peace of
............................... County (or as the case may be), that C.
D. be held to answer upon a charge of (stating briefly the nature of the
offense), upon which he has been duly admitted to bail in the sum of
............. dollars, we, E. F. and G. H. (stating their place of
residence), hereby undertake that the above-named C. D. shall appear and
answer the charge above mentioned, in whatever court it may be
prosecuted, and shall at all times render himself amenable to the orders
and process of the court, and, if convicted, shall appear for judgment
and render himself in execution thereof, or, if he fail to perform any of
these conditions, that we will pay to the State of Nevada the sum of
............ dollars (inserting the sum in which the defendant is
admitted to bail).
...........................................................................
............
...........................................................................
............
(Signature of Sureties)
(Added to NRS by 1967, 1464; A 2001, 41 )
An indictment may be substantially in the
following form:
Indictment
State of Nevada }
}ss.
County of .................................................. }
The State of Nevada, plaintiff, against A. B., defendant (or John
Doe, whose real name is unknown). Defendant A. B., above named, is
accused by the grand jury of the County of ........................, of a
felony (or of the crime of murder or other name of crime), committed as
follows: The said A. B., on the ....... day of the month of ...........
of the year ......., or thereabouts, at the County of
.........................., State of Nevada, without authority of law and
with malice aforethought, killed Richard Roe, by shooting with a pistol
(or with a gun or other weapon, according to the facts).
...........................................................................
............
District Attorney
or District Attorney, by Deputy.
(Added to NRS by 1967, 1464; A 2001, 42 )
An information may be in substantially
the following form:
Information
State of Nevada }
}ss.
County of .................................................. }
In the ....................... court. The State of Nevada against
A. B., C. D. district attorney within and for the County of
........................ in the State aforesaid, in the name and by the
authority of the State of Nevada, informs the court that A. B. on the
........ day of the month of ........... of the year ......., at the
County of ........................, did (here state offense) against the
peace and dignity of the State of Nevada.
...........................................................................
....................
C. D., District Attorney
or C. D.,
District Attorney, by H. M., Deputy.
(Added to NRS by 1967, 1465; A 2001, 42 )
A warrant upon the finding of a presentment, indictment or
information may be in substantially the following form:
Warrant
County of ........................ The State of Nevada, to any
sheriff, constable, marshal, policeman, or peace officer in this State: A
presentment having been made or an indictment having been found (or
information filed) on the ........ day of the month of ............ of
the year ......., in the district court of the ........................,
County of ........................., charging C. D. with the crime of
(designating it generally), you are therefore commanded forthwith to
arrest the above-named C. D. and bring him before that court to answer
the presentment, indictment or information; or if the court is not in
session that you deliver him into the custody of the sheriff of the
County of ........................ By order of the court. Given under my
hand with the seal of the court affixed this ........ day of the month of
............ of the year ....... .
...........................................................................
............
(Seal)
E. F., Clerk.
(Added to NRS by 1967, 1465; A 2001, 43 )
An undertaking for bail after
arrest on a warrant following the finding of a presentment, indictment or
information may be in substantially the following form:
Undertaking
A presentment having been made (or an indictment having been found
or an information having been filed), on the ........ day of the month of
............ of the year ......., in the District Court of the
......................... Judicial District of the State of Nevada, in
and for the County of ........................ (as the case may be),
charging A. B. with the crime of (indicating it generally), and he having
been duly admitted to bail in the sum of ............. dollars, we, C. D.
and E. F. (stating their place of residence), hereby undertake that the
above-named A. B. shall appear and answer the indictment or information
above mentioned in whatever court it may be prosecuted, and shall at all
times render himself amenable to the orders and processes of the court,
and, if convicted, shall appear for judgment and render himself in
execution thereof; or, if he fails to perform either of these conditions,
that we will pay to the State of Nevada the sum of ............. dollars
(inserting the sum in which the defendant is admitted to bail).
...........................................................................
............
...........................................................................
............
(Signature of Sureties)
(Added to NRS by 1967, 1465; A 2001, 43 )
A subpoena or
subpoena duces tecum may be in substantially the following form:
Subpoena
The State of Nevada to A. B.: You are commanded to appear before C.
D., a justice of the peace of ................ township, in
................ County (or, the court of ................, as the case
may be), at (naming the place), on (stating the day and hour), as a
witness in a criminal action, prosecuted by the State of Nevada against
E. F. Given under my hand this ........ day of the month of ............
of the year ....... . G. H., Justice of the Peace (seal) (or “By order of
the court, L. M., Clerk (seal)” as the case may be). (If books, papers or
documents are required, a direction to the following effect must be
contained in the subpoena: “And you are required also to bring with you
the following (describing intelligibly the books, papers or documents
required).”)
(Added to NRS by 1967, 1466; A 1987, 124; 2001, 44 )
A bench warrant may
be in substantially the following form:
Bench Warrant
State of Nevada }
}ss.
County of................................................... }
The State of Nevada, to any sheriff, constable, marshal, policeman
or other peace officer in this state: A. B. having been on the ........
day of the month of ............ of the year ........ duly convicted in
the .................... Judicial District Court of the State of Nevada
and in and for the County of ...................., of the crime of
(designating it generally); you are therefore commanded forthwith to
arrest the above-named A. B. and bring him before that court for
judgment, or if the court has adjourned, that you deliver him into the
custody of the sheriff of the County of .................... Given, by
order of the court, under my hand with the seal of the court affixed,
this the ........ day of the month of ............ of the year ....... .
.......................................................................
(Seal)
E. F., Clerk.
(Added to NRS by 1967, 1466; A 2001, 44 )
When bail is taken upon
the recommitment of the defendant, the undertaking shall be in
substantially the following form:
Undertaking
An order having been made on the ........ day of the month of
............ of the year ......., by the court (naming it), that A. B. be
admitted to bail in the sum of $.........., in an action pending in that
court against him, in behalf of the State of Nevada, upon a (presentment,
indictment, information, or appeal, as the case may be), we, C. D. and E.
F., of (stating their place of residence), hereby undertake that the
above-named A. B. shall appear in that or any other court in which his
appearance may be lawfully required, upon that (presentment, indictment,
information, or appeal, as the case may be), and shall at all times
render himself amenable to its orders and processes, and appear for
judgment, and surrender himself in execution thereof; or, if he fail to
perform any of these conditions, that we will pay to the State of Nevada
the sum of $.......... (inserting the sum in which the defendant is
admitted to bail).
...........................................................................
............
...........................................................................
............
(Signature of Sureties)
(Added to NRS by 1967, 1466; A 2001, 44 )
INTERCEPTION OF WIRE OR ORAL COMMUNICATION
As used in NRS 179.410 to 179.515 ,
inclusive, except where the context otherwise requires, the words and
terms defined in NRS 179.415 to 179.455
, inclusive, have the meanings ascribed
to them in those sections.
(Added to NRS by 1973, 1742; A 1989, 658)
“Aggrieved person” means
a person who was a party to any intercepted wire or oral communication or
a person against whom the interception was directed.
(Added to NRS by 1973, 1742)
“Contents” when used with respect
to any wire or oral communication includes any information concerning the
identity of the parties to such communication or the existence,
substance, purport or meaning of that communication.
(Added to NRS by 1973, 1742)
“Electronic, mechanical or other device” means any device or apparatus
which can be used to intercept a wire or oral communication other than:
1. Any telephone or telegraph instrument, equipment or facility,
or any component thereof:
(a) Furnished to the subscriber or user by a communications common
carrier in the ordinary course of its business and being used by the
subscriber or user in the ordinary course of its business; or
(b) Being used by a communications common carrier in the ordinary
course of its business, or by an investigative or law enforcement officer
in the ordinary course of his duties.
2. A hearing aid or similar device being used to correct subnormal
hearing to not better than normal.
(Added to NRS by 1973, 1742)
“Intercept” means the aural
acquisition of the contents of any wire or oral communication through the
use of any electronic, mechanical or other device or of any sending or
receiving equipment.
(Added to NRS by 1973, 1743)
“Investigative or law enforcement officer” means any officer of the
State or a political subdivision thereof who is empowered by the law of
this state to conduct investigations of or to make arrests for felonies,
and any attorney authorized by law to prosecute or participate in the
prosecution of such offenses.
(Added to NRS by 1973, 1743)
“Oral communication”
means any verbal message uttered by a person exhibiting an expectation
that such communication is not subject to interception, under
circumstances justifying such expectation.
(Added to NRS by 1973, 1743)
“Person” means any official,
employee or agent of the United States or any state or political
subdivision thereof, and any individual, partnership, association,
joint-stock company, trust or corporation.
(Added to NRS by 1973, 1743)
“State” means any state of the
United States, the District of Columbia, the Commonwealth of Puerto Rico
and any territory or possession of the United States.
(Added to NRS by 1973, 1743)
“Wire communication”
means any communication made in whole or in part through the use of
facilities for the transmission of communications by the aid of wire,
cable or other like connection between the point of origin and the point
of reception furnished or operated by any person engaged as a common
carrier in providing or operating such facilities for the transmission of
intrastate, interstate or foreign communications.
(Added to NRS by 1973, 1743)
The provisions of NRS 179.410 to 179.515 ,
inclusive, do not prohibit the recording of any telephone call by a
public utility pursuant to NRS 704.195 .
(Added to NRS by 1989, 658)
1. The Attorney General or the district attorney of any county may
apply to a Supreme Court justice or to a district judge in the county
where the interception is to take place for an order authorizing the
interception of wire or oral communications, and the judge may, in
accordance with NRS 179.470 to 179.515
, inclusive, grant an order authorizing
the interception of wire or oral communications by investigative or law
enforcement officers having responsibility for the investigation of the
offense as to which the application is made, when the interception may
provide evidence of the commission of murder, kidnapping, robbery,
extortion, bribery, destruction of public property by explosives, a
sexual offense against a child or the commission of any offense which is
made a felony by the provisions of chapter 453 or 454 of NRS.
2. A good faith reliance by a public utility on a court order
shall constitute a complete defense to any civil or criminal action
brought against the public utility on account of any interception made
pursuant to the order.
3. As used in this section, “sexual offense against a child”
includes any act upon a child constituting:
(a) Incest pursuant to NRS 201.180 ;
(b) Lewdness with a child pursuant to NRS 201.230 ;
(c) Sado-masochistic abuse pursuant to NRS 201.262 ;
(d) Sexual assault pursuant to NRS 200.366 ;
(e) Statutory sexual seduction pursuant to NRS 200.368 ;
(f) Open or gross lewdness pursuant to NRS 201.210 ; or
(g) Luring a child or mentally ill person pursuant to NRS 201.560
, if punished as a felony.
(Added to NRS by 1973, 1743; A 1975, 1520; 1993, 99; 2001, 2794
; 2003, 1387 )
1. Any investigative or law enforcement officer who, by any means
authorized by NRS 179.410 to 179.515
, inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520, inclusive, has obtained
knowledge of the contents of any wire or oral communication, or evidence
derived therefrom, may disclose the contents to another investigative or
law enforcement officer or use the contents to the extent that the
disclosure or use is appropriate to the proper performance of the
official duties of the officer making or receiving the disclosure.
2. Any person who has received, by any means authorized by NRS
179.410 to 179.515 , inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520, inclusive, or by a statute of
another state, any information concerning a wire or oral communication,
or evidence derived therefrom intercepted in accordance with the
provisions of NRS 179.410 to 179.515
, inclusive, may disclose the contents
of that communication or the derivative evidence while giving testimony
under oath or affirmation in any criminal proceeding in any court or
before any grand jury in this state, or in any court of the United States
or of any state, or in any federal or state grand jury proceeding.
3. An otherwise privileged wire or oral communication intercepted
in accordance with, or in violation of, the provisions of NRS 179.410
to 179.515 , inclusive, or 18 U.S.C. §§ 2510 to 2520,
inclusive, does not lose its privileged character.
4. When an investigative or law enforcement officer engaged in
intercepting wire or oral communications as authorized by NRS 179.410
to 179.515 , inclusive, intercepts wire or oral
communications relating to offenses other than those specified in the
order provided for in NRS 179.460 , the
contents of the communications and the evidence derived therefrom may be
disclosed or used as provided in subsection 1. The direct evidence
derived from the communications is inadmissible in a criminal proceeding,
but any other evidence obtained as a result of knowledge obtained from
the communications may be disclosed or used as provided in subsection 2
when authorized or approved by a justice of the Supreme Court or district
judge who finds upon application made as soon as practicable that the
contents of the communications were intercepted in accordance with the
provisions of NRS 179.410 to 179.515
, inclusive, or 18 U.S.C. §§ 2510 to
2520, inclusive.
(Added to NRS by 1973, 1743; A 1983, 117; 1989, 658)
1. Each application for an order authorizing the interception of a
wire or oral communication must be made in writing upon oath or
affirmation to a justice of the Supreme Court or district judge and must
state the applicant’s authority to make such application. Each
application must include the following information:
(a) The identity of the investigative or law enforcement officer
making the application, and the officer authorizing the application.
(b) A full and complete statement of the facts and circumstances
relied upon by the applicant to justify his belief that an order should
be issued, including:
(1) Details as to the particular offense that is being, has
been or is about to be committed.
(2) A particular description of the nature and location of
the facilities from which or the place where the communication is to be
intercepted, the facilities to be used and the means by which such
interception is to be made.
(3) A particular description of the type of communications
sought to be intercepted.
(4) The identity of the person, if known, who is committing,
has committed or is about to commit an offense and whose communications
are to be intercepted.
(c) A full and complete statement as to whether or not other
investigative procedures have been tried and failed or why they
reasonably appear to be unlikely to succeed if tried or to be too
dangerous.
(d) A statement of the period of time for which the interception is
required to be maintained. If the nature of the investigation is such
that the authorization for interception should not automatically
terminate when the described type of communication has been obtained, a
particular description of facts establishing probable cause to believe
that additional communications of the same type will occur thereafter.
(e) A full and complete statement of the facts concerning all
previous applications known to the person authorizing and making the
application made to any judge for authorization to intercept wire or oral
communications involving any of the same persons, facilities or places
specified in the application, and the action taken by the judge on each
such application.
(f) Where the application is for the extension of an order, a
statement setting forth the results thus far obtained from the
interception, or a reasonable explanation of the failure to obtain such
results.
2. The judge may require the applicant to furnish additional
testimony or documentary evidence under oath or affirmation in support of
the application. Oral testimony must be reduced to writing.
3. Upon such application the judge may enter an ex parte order, as
requested or as modified, authorizing interception of wire or oral
communications within the territorial jurisdiction of the court in which
the judge is sitting, if the judge determines on the basis of the facts
submitted by the applicant that:
(a) There is probable cause for belief that a person is committing,
has committed or is about to commit an offense for which interception is
authorized by NRS 179.460 .
(b) There is probable cause for belief that particular
communications concerning that offense will be obtained through such
interception.
(c) Normal investigative procedures have been tried and have failed
or reasonably appear to be unlikely to succeed if tried or appear to be
too dangerous.
(d) There is probable cause for belief that the facilities from
which, or the place where, the wire or oral communications are to be
intercepted are being used or are about to be used by such person in
connection with the commission of such offense or are leased to, listed
in the name of, or commonly used by such person.
(Added to NRS by 1973, 1744; A 1983, 118)
1. Each order authorizing the interception of any wire or oral
communication shall specify:
(a) The identity of the person, if known, whose communications are
to be intercepted.
(b) The nature and location of the place where or communication
facilities to which authority to intercept is granted, the facilities to
be used and the means by which such interceptions shall be made.
(c) A particular description of the type of communication sought to
be intercepted, and a statement of the particular offense to which it
relates.
(d) The identity of the agency authorized to intercept the
communications, and of the person authorizing the application.
(e) The period of time during which such interception is
authorized, including a statement as to whether or not the interception
shall automatically terminate when the described communication has been
first obtained.
2. An order authorizing the interception of a wire or oral
communication shall, upon request of the applicant, direct that a
communications common carrier, landlord, custodian or other person shall
furnish the applicant forthwith all information, facilities, and
technical assistance necessary to accomplish the interception
unobtrusively and with a minimum of interference with the services that
such carrier, landlord, custodian, or person is according the person
whose communications are to be intercepted. Any communications common
carrier, landlord, custodian or other person furnishing such facilities
or technical assistance shall be compensated therefor by the applicant at
the prevailing rates.
3. No order entered under this section may authorize the
interception of any wire or oral communication for any period longer than
is necessary to achieve the objective of the authorization, and in no
event longer than 30 days. Extensions of an order may be granted, but
only upon application for an extension made in accordance with the
procedures provided in NRS 179.470 . The
period of extension shall be no longer than the authorizing judge deems
necessary to achieve the purposes for which it was granted and in no
event for longer than 30 days. Every order and extension thereof shall
contain a provision that the authorization to intercept shall be executed
as soon as practicable, shall be conducted in such a way as to minimize
the interception of communications not otherwise subject to interception
under this statute, and shall terminate upon attainment of the authorized
objective, or in any event in 30 days.
(Added to NRS by 1973, 1745)
Whenever an order
authorizing interception is entered pursuant to NRS 179.410 to 179.515 ,
inclusive, the order may require reports to be made to the judge who
issued the order showing what progress has been made toward achievement
of the authorized objective and the need for continued interception. Such
reports shall be made at such intervals as the judge may require.
(Added to NRS by 1973, 1746)
The contents of any wire or oral
communication intercepted by any means authorized by NRS 179.410 to 179.515 ,
inclusive, shall, if possible, be recorded on tape or wire or other
comparable device. The recording of the contents of any wire or oral
communication under this section shall be done in such a way as will
protect the recording from editing or other alterations. Immediately upon
the expiration of the period of the order, or extensions thereof, such
recordings shall be made available to the judge issuing such order and
sealed under his directions. Custody of the recordings shall be placed
with whomever the judge directs. They shall not be destroyed except upon
an order of the judge issuing such order and in any event shall be kept
for 10 years. Duplicate recordings may be made for use or disclosure
pursuant to the provisions of subsection 1 of NRS 179.465 for investigations. The presence of the seal
provided for by this section, or a satisfactory explanation for the
absence thereof, is a prerequisite for the use or disclosure of the
contents of any wire or oral communication or evidence derived therefrom
under subsection 2 of NRS 179.465 .
(Added to NRS by 1973, 1746)
1. Applications made and orders granted under this statute shall
be sealed by the judge. Custody of the applications and orders shall be
placed with whomever the judge orders. Such applications and orders shall
be disclosed only upon a showing of good cause before a judge of a court
of competent jurisdiction and shall not be destroyed except on order of
the judge who issued or denied the order, and in any event shall be kept
for 10 years.
2. Any violation of the provisions of this section may be punished
as contempt of court.
(Added to NRS by 1973, 1747)
1. Within a reasonable time but not later than 90 days after the
termination of the period of an order or any extension thereof, the judge
who issued the order shall cause to be served on the chief of the
Investigation Division of the Department of Public Safety, persons named
in the order and any other parties to intercepted communications, an
inventory which must include notice of:
(a) The fact of the entry and a copy of the order.
(b) The fact that during the period wire or oral communications
were or were not intercepted.
Ê The inventory filed pursuant to this section is confidential and must
not be released for inspection unless subpoenaed by a court of competent
jurisdiction.
2. The judge, upon receipt of a written request from any person
who was a party to an intercepted communication or from the person’s
attorney, shall make available to the person or his counsel those
portions of the intercepted communications which contain his
conversation. On an ex parte showing of good cause to a district judge,
the serving of the inventory required by this section may be postponed
for such time as the judge may provide.
(Added to NRS by 1973, 1747; A 1975, 1520; 1983, 119; 1985, 1976;
2001, 2572 )
The
contents of any intercepted wire or oral communication or evidence
derived therefrom shall not be received in evidence or otherwise
disclosed in any trial, hearing or other proceeding in any court of this
state unless each party, not less than 10 days before the trial, hearing
or proceeding, has been furnished with a copy of the court order and
accompanying application under which the interception was authorized and
a transcript of any communications intercepted. Such 10-day period may be
waived by the judge if he finds that it was not possible to furnish the
party with such information 10 days before the trial, hearing or
proceeding and that the party will not be prejudiced by the delay in
receiving such information.
(Added to NRS by 1973, 1747)
1. Any aggrieved person in any trial, hearing or proceeding in or
before any court, department, officer, agency or other authority of this
State, or a political subdivision thereof, may move to suppress the
contents of any intercepted wire or oral communication, or evidence
derived therefrom, on the grounds that:
(a) The communication was unlawfully intercepted.
(b) The order of authorization under which it was intercepted is
insufficient on its face.
(c) The interception was not made in conformity with the order of
authorization.
(d) The period of the order and any extension had expired.
2. Such motion shall be made before the trial, hearing or
proceeding unless there was no opportunity to make such motion or the
person was not aware of the grounds of the motion. If the motion is
granted, the contents of the intercepted wire or oral communication, or
evidence derived therefrom, shall be treated as having been obtained in
violation of NRS 179.410 to 179.515
, inclusive. The judge, upon the filing
of such motion by the aggrieved person, may in his discretion make
available to the aggrieved person or his counsel for inspection such
portions of the intercepted communication or evidence derived therefrom
as the judge determines to be in the interest of justice.
(Added to NRS by 1973, 1747)
In addition to any other right to appeal the State may appeal
from an order granting a motion to suppress made under NRS 179.505 if the Attorney General or district attorney
certifies to the judge or other official granting such motion that the
appeal is not taken for purposes of delay. Such appeal shall be taken
within 30 days after the date the order of suppression was entered and
shall be diligently prosecuted as in the case of other interlocutory
appeals or under such rules as the Supreme Court may adopt.
(Added to NRS by 1973, 1748)
1. In January of each year, the Attorney General and the district
attorney of each county shall report to the Administrative Office of the
United States Courts the information required to be reported pursuant to
18 U.S.C. § 2519. A copy of the report must be filed with the
Investigation Division of the Department of Public Safety. In the case of
a joint application by the Attorney General and a district attorney both
shall make the report.
2. Every justice of the Supreme Court or district judge who signs
an order authorizing or denying an interception shall, within 30 days
after the termination of the order or any extension thereof, file with
the Investigation Division of the Department of Public Safety on forms
approved by the Division a report containing the same information
required to be reported pursuant to 18 U.S.C. § 2519. The report must
also indicate whether a party to an intercepted wire communication had
consented to the interception.
3. The willful failure of any officer to report any information
known to him which is required to be reported pursuant to subsection 1 or
2 constitutes malfeasance in office and, in such cases, the Secretary of
State shall, when the wrong becomes known to him, institute legal
proceedings for the removal of that officer.
4. The Investigation Division of the Department of Public Safety
shall, on or before April 30 of each year, compile a report consisting of
a summary and analysis of all reports submitted to the Division pursuant
to this section during the previous calendar year. The report is a public
record and may be inspected by any person during the regular office hours
of the Division.
(Added to NRS by 1973, 1748; A 1975, 1520; 1981, 2009; 1983, 120;
1985, 1977; 2001, 2573 )
MISCELLANEOUS PROVISIONS
1. A supervising peace officer who, with other officers, or any
peace officer who, alone, is attempting to gain control of a situation in
which a person:
(a) Is holding another as a hostage, whether or not the life of the
hostage has been threatened; or
(b) Has committed or is believed to have committed a crime, is
barricaded in an area or structure and is resisting arrest through the
use or threatened use of force,
Ê may direct the public utility which provides telephone service to the
area or structure in which the hostages are being held or persons are
barricaded, or to an area which is close to that area or structure, to
interrupt the service on, divert, reroute or otherwise make temporary
changes in telephone lines to enable the peace officer making the request
to establish communication with the person holding the hostage, or among
peace officers, or to deny communication to the person holding the
hostage.
2. Each public utility which provides telephone service in this
State shall designate an employee and an alternate to supervise in
performing the orders of a peace officer who is carrying out the purposes
of this section.
3. A reliance in good faith by a public utility on the order of a
peace officer pursuant to this section constitutes a complete defense to
any civil or criminal action brought against the public utility on
account of any interruption, diversion, rerouting or change in telephone
service made in response to the order.
(Added to NRS by 1981, 1561)
1. District courts of this state may issue orders authorizing the
use of a pen register or trap and trace device upon the application of a
district attorney, the Attorney General or their deputies, supported by
an affidavit of a peace officer under the circumstances and upon the
conditions prescribed by 18 U.S.C. §§ 3121-3127 as those provisions
existed on July 1, 1989.
2. As used in this section, “peace officer” means:
(a) Sheriffs of counties and metropolitan police departments and
their deputies;
(b) Investigators, agents, officers and employees of the
Investigation Division of the Department of Public Safety who have the
powers of peace officers pursuant to paragraph (d) of subsection 1 of NRS
289.270 ;
(c) Policemen of cities and towns;
(d) Agents of the State Gaming Control Board who are investigating
any violation of subsection 2 or 3 of NRS 463.360 or chapter 465 of NRS;
(e) Special investigators employed by the Attorney General who have
the powers of peace officers pursuant to NRS 289.170 ; and
(f) Investigators employed by a district attorney who have the
powers of peace officers pursuant to NRS 289.170 .
3. A public utility that relies, in good faith, upon an order of a
district court authorizing the use of a pen register or trap and trace
device is not liable in any civil or criminal action brought against the
public utility for the use of the pen register or trap and trace device
in accordance with the order of the court.
(Added to NRS by 1989, 1134; A 1991, 969; 1993, 83, 2528; 2001,
2573 )
When money or other property is taken from a defendant
arrested upon a charge of a public offense, the officer taking it shall
at the time give duplicate receipts therefor, specifying particularly the
amount of money and the kind of property taken, one of which receipts he
shall deliver to the defendant, and the other of which he shall forthwith
file with the clerk of the court to which the deposition and statements
must be sent.
(Added to NRS by 1967, 1461)—(Substituted in revision for NRS
179.175)
