US Laws, Codes, Statutes & Cases

CHAPTER 179 - SPECIAL PROCEEDINGS OF A CRIMINAL NATURE; SEALING RECORDS OF CRIMINAL PROCEEDINGS; REWARDS; FORMS

SEARCH WARRANTS

NRS 179.015            “Property” defined.

NRS 179.025            Authority for issuance.

NRS 179.035            Grounds for issuance.

NRS 179.045            Issuance and contents; sealing information upon which warrant is based; time for serving warrant.

NRS 179.055            Officer may break door to serve warrant after admittance refused; breaking of door or window to liberate officer or person acting in aid of officer; use of reasonable and necessary force.

NRS 179.065            Person charged with felony may be searched.

NRS 179.075            Execution and return of warrant with inventory.

NRS 179.085            Motion for return of property and to suppress evidence.

NRS 179.095            Return of papers to clerk.

NRS 179.105            Retention of property taken on warrant by officer subject to court order; restoration of property to person from whom it was taken; technical irregularities will not quash warrant.

NRS 179.115            Scope.

FORFEITURES

NRS 179.1156          Scope.

NRS 179.1157          Definitions.

NRS 179.1158          “Claimant” defined.

NRS 179.1159          “Plaintiff” defined.

NRS 179.1161          “Proceeds” defined.

NRS 179.1162          “Property” defined.

NRS 179.1163          “Protected interest” defined.

NRS 179.11635        “Willful blindness” defined.

NRS 179.1164          Property subject to seizure and forfeiture; exceptions.

NRS 179.1165          Seizure of property: Requirement of process.

NRS 179.1169          Title in property; transfer.

NRS 179.1171          Proceedings for forfeiture: Rules of practice; complaint; service of summons and complaint; answer; parties.

NRS 179.1173          Proceedings for forfeiture: Priority over other civil matters; motion to stay; standard of proof; conviction of claimant not required; confidentiality of informants; return of property to claimant.

NRS 179.1175          Disposition of property after seizure and forfeiture.

NRS 179.118            Distribution of proceeds from forfeited property.

NRS 179.1185          Issuance of certificate of title for forfeited vehicle or other conveyance.

NRS 179.1187          Establishment of account for proceeds from forfeited property; restrictions on use of money in account; distribution of certain amount to school district; duties of school district and chief administrative officer of law enforcement agency.

NRS 179.119            Reports by law enforcement agencies that receive forfeited property or related proceeds; inclusion of such anticipated revenue in budget prohibited.

NRS 179.121            Forfeiture of personal property and conveyances used in commission of crime.

DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED

NRS 179.125            Stolen or embezzled property held by peace officer subject to magistrate’s order.

NRS 179.135            Order for delivery to owner; payment of expenses.

NRS 179.145            Magistrate to deliver property to owner when it comes into his custody; proof of title and payment of expenses.

NRS 179.155            Court may order return of property to owner.

NRS 179.165            Notice must be provided by law enforcement agency to owner, pawnbroker and other interested persons; contents of notice; sale or disposal of unclaimed property by county treasurer; records.

CRIMINAL EXTRADITION (UNIFORM ACT)

NRS 179.177            Short title.

NRS 179.179            Definitions.

NRS 179.181            Fugitives from justice; duty of Governor.

NRS 179.183            Form of demand.

NRS 179.185            Governor may investigate case.

NRS 179.187            Extradition of persons imprisoned or awaiting trial in another state or who have left demanding state under compulsion.

NRS 179.189            Extradition of persons not present in demanding state at time of commission of crime.

NRS 179.191            Governor’s warrant of arrest.

NRS 179.193            Manner and place of execution.

NRS 179.195            Authority of arresting officer.

NRS 179.197            Rights of accused person; application for writ of habeas corpus.

NRS 179.199            Penalty for noncompliance with NRS 179.197.

NRS 179.201            Confinement in jail or detention facility when necessary.

NRS 179.203            Arrest before requisition.

NRS 179.205            Arrest without warrant.

NRS 179.207            Commitment to await requisition; bail.

NRS 179.209            Bail: In what cases; conditions of bond.

NRS 179.211            Extension of time of commitment; adjournment.

NRS 179.213            Forfeiture of bail.

NRS 179.215            Persons under criminal prosecution in this State at time of requisition.

NRS 179.217            Guilt or innocence of accused: When inquired into.

NRS 179.219            Governor may recall warrant or issue alias.

NRS 179.221            Fugitives from this State; duty of Governor.

NRS 179.223            Application for issuance of requisition: By whom made; contents.

NRS 179.225            Costs and expenses.

NRS 179.227            Immunity from service of process in certain civil actions.

NRS 179.229            Written waiver of extradition proceedings.

NRS 179.231            Nonwaiver by this State.

NRS 179.233            No right of asylum; no immunity from other criminal prosecutions while in this State.

NRS 179.235            Interpretation.

SEALING RECORDS OF CRIMINAL PROCEEDINGS

NRS 179.245            Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

NRS 179.255            Sealing records after dismissal or acquittal: Petition; notice; hearing; order.

NRS 179.259            Sealing records after completion of program for reentry: Persons eligible; procedure; order; inspection of sealed records by professional licensing board.

NRS 179.265            Rehearings after denial of petition: Time for; number.

NRS 179.275            Order sealing records: Distribution to Central Repository and persons named in order; compliance.

NRS 179.285            Order sealing records: Effect; proceedings deemed never to have occurred; restoration of civil rights.

NRS 179.295            Reopening of sealed records.

NRS 179.301            Inspection of sealed records by certain agencies.

REWARDS

NRS 179.310            Reward for apprehension of robber.

FORMS

NRS 179.315            Use of authorized forms.

NRS 179.320            Warrant of arrest.

NRS 179.325            Summons.

NRS 179.330            Search warrant.

NRS 179.335            Motion for return of seized property and suppression of evidence.

NRS 179.340            Bail: After arrest and before preliminary examination.

NRS 179.345            Endorsement on warrant of arrest for commitment for preliminary examination.

NRS 179.350            Discharge after preliminary examination.

NRS 179.355            Commitment and bail after preliminary examination.

NRS 179.360            Commitment where defendant held to answer after preliminary examination.

NRS 179.365            Bail after preliminary examination and before arraignment.

NRS 179.370            Indictment.

NRS 179.375            Information.

NRS 179.380            Warrant upon finding of presentment, indictment or information.

NRS 179.385            Bail after arrest on warrant following finding of presentment, indictment or information.

NRS 179.390            Subpoena; subpoena duces tecum.

NRS 179.395            Bench warrant after conviction.

NRS 179.400            Undertaking on recommitment.

INTERCEPTION OF WIRE OR ORAL COMMUNICATION

NRS 179.410            Definitions.

NRS 179.415            “Aggrieved person” defined.

NRS 179.420            “Contents” defined.

NRS 179.425            “Electronic, mechanical or other device” defined.

NRS 179.430            “Intercept” defined.

NRS 179.435            “Investigative or law enforcement officer” defined.

NRS 179.440            “Oral communication” defined.

NRS 179.445            “Person” defined.

NRS 179.450            “State” defined.

NRS 179.455            “Wire communication” defined.

NRS 179.458            Provisions inapplicable to recording of certain telephone calls by public utility.

NRS 179.460            Cases in which interception of wire or oral communications may be authorized.

NRS 179.465            Disclosure or use of intercepted communications.

NRS 179.470            Application for order authorizing interception of communications; prerequisites to issuance of order.

NRS 179.475            Order authorizing interception of communications: Contents; duration; extension.

NRS 179.480            Progress reports to judge.

NRS 179.485            Recording.

NRS 179.490            Sealing of applications and orders; disclosure.

NRS 179.495            Notice to parties to intercepted communications.

NRS 179.500            Contents of intercepted communications inadmissible in evidence unless transcript provided to parties before trial.

NRS 179.505            Motion to suppress.

NRS 179.510            Appeal by State from order granting motion to suppress.

NRS 179.515            Reports by justices of Supreme Court, district judges, Attorney General and district attorneys.

MISCELLANEOUS PROVISIONS

NRS 179.525            Temporary changes in telephone service permitted where hostages are being held or suspects are barricaded.

NRS 179.530            Order authorizing use of pen register or trap and trace device.

NRS 179.535            Receipt for property taken from person arrested for public offense.

_________

SEARCH WARRANTS

      NRS 179.015  “Property” defined.  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)

      NRS 179.025  Authority for issuance.  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)

      NRS 179.035  Grounds for issuance.  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)

      NRS 179.045  Issuance and contents; sealing information upon which warrant is based; time for serving warrant.

      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)

      NRS 179.055  Officer may break door to serve warrant after admittance refused; breaking of door or window to liberate officer or person acting in aid of officer; use of reasonable and necessary force.

      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)

      NRS 179.065  Person charged with felony may be searched.  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)

      NRS 179.075  Execution and return of warrant with inventory.

      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)

      NRS 179.085  Motion for return of property and to suppress evidence.

      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)

      NRS 179.095  Return of papers to clerk.  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)

      NRS 179.105  Retention of property taken on warrant by officer subject to court order; restoration of property to person from whom it was taken; technical irregularities will not quash warrant.  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 179.115  Scope.  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

      NRS 179.1156  Scope.  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)

      NRS 179.1157  Definitions.  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)

      NRS 179.1158  “Claimant” defined.  “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)

      NRS 179.1159  “Plaintiff” defined.  “Plaintiff” means the law enforcement agency which has commenced a proceeding for forfeiture.

      (Added to NRS by 1987, 1380)

      NRS 179.1161  “Proceeds” defined.  “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)

      NRS 179.1162  “Property” defined.  “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)

      NRS 179.1163  “Protected interest” defined.  “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)

      NRS 179.11635  “Willful blindness” defined.  “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)

      NRS 179.1164  Property subject to seizure and forfeiture; exceptions.

      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)

      NRS 179.1165  Seizure of property: Requirement of process.

      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)

      NRS 179.1169  Title in property; transfer.

      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)

      NRS 179.1171  Proceedings for forfeiture: Rules of practice; complaint; service of summons and complaint; answer; parties.

      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)

      NRS 179.1173  Proceedings for forfeiture: Priority over other civil matters; motion to stay; standard of proof; conviction of claimant not required; confidentiality of informants; return of property to claimant.

      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)

      NRS 179.1175  Disposition of property after seizure and forfeiture.

      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)

      NRS 179.118  Distribution of proceeds from forfeited property.

      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)

      NRS 179.1185  Issuance of certificate of title for forfeited vehicle or other conveyance.  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)

      NRS 179.1187  Establishment of account for proceeds from forfeited property; restrictions on use of money in account; distribution of certain amount to school district; duties of school district and chief administrative officer of law enforcement agency.

      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)

      NRS 179.119  Reports by law enforcement agencies that receive forfeited property or related proceeds; inclusion of such anticipated revenue in budget prohibited.

      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)

      NRS 179.121  Forfeiture of personal property and conveyances used in commission of crime.

      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

      NRS 179.125  Stolen or embezzled property held by peace officer subject to magistrate’s order.  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)

      NRS 179.135  Order for delivery to owner; payment of expenses.  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)

      NRS 179.145  Magistrate to deliver property to owner when it comes into his custody; proof of title and payment of expenses.  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)

      NRS 179.155  Court may order return of property to owner.  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)

      NRS 179.165  Notice must be provided by law enforcement agency to owner, pawnbroker and other interested persons; contents of notice; sale or disposal of unclaimed property by county treasurer; records.

      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  Short title.  NRS 179.177 to 179.235, inclusive, may be cited as the Uniform Criminal Extradition Act.

      (Added to NRS by 1967, 1098)

      NRS 179.179  Definitions.  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)

      NRS 179.181  Fugitives from justice; duty of Governor.  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)

      NRS 179.183  Form of demand.  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)

      NRS 179.185  Governor may investigate case.  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)

      NRS 179.187  Extradition of persons imprisoned or awaiting trial in another state or who have left demanding state under compulsion.

      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)

      NRS 179.189  Extradition of persons not present in demanding state at time of commission of crime.  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)

      NRS 179.191  Governor’s warrant of arrest.

      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)

      NRS 179.193  Manner and place of execution.  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)

      NRS 179.195  Authority of arresting officer.  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)

      NRS 179.197  Rights of accused person; application for writ of habeas corpus.

      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)

      NRS 179.199  Penalty for noncompliance with NRS 179.197.  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)

      NRS 179.201  Confinement in jail or detention facility when necessary.

      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)

      NRS 179.203  Arrest before requisition.

      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)

      NRS 179.205  Arrest without warrant.  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)

      NRS 179.207  Commitment to await requisition; bail.  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)

      NRS 179.209  Bail: In what cases; conditions of bond.  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)

      NRS 179.211  Extension of time of commitment; adjournment.  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)

      NRS 179.213  Forfeiture of bail.  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)

      NRS 179.215  Persons under criminal prosecution in this State at time of requisition.  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)

      NRS 179.217  Guilt or innocence of accused: When inquired into.  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)

      NRS 179.219  Governor may recall warrant or issue alias.  The Governor may recall his warrant of arrest or may issue another warrant whenever he deems proper.

      (Added to NRS by 1967, 1102)

      NRS 179.221  Fugitives from this State; duty of Governor.  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)

      NRS 179.223  Application for issuance of requisition: By whom made; contents.

      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)

      NRS 179.225  Costs and expenses.

      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)

      NRS 179.227  Immunity from service of process in certain civil actions.  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)

      NRS 179.229  Written waiver of extradition proceedings.

      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)

      NRS 179.231  Nonwaiver by this State.  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)

      NRS 179.233  No right of asylum; no immunity from other criminal prosecutions while in this State.  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)

      NRS 179.235  Interpretation.  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

      NRS 179.245  Sealing records after conviction: Persons eligible; petition; notice; hearing; order.

      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)

      NRS 179.255  Sealing records after dismissal or acquittal: Petition; notice; hearing; order.

      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)

      NRS 179.259  Sealing records after completion of program for reentry: Persons eligible; procedure; order; inspection of sealed records by professional licensing board.

      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