2005 Nevada Revised Statutes - Chapter 179 — Special Proceedings of a Criminal Nature; Sealing Records of Criminal Proceedings; Rewards; Forms
CHAPTER 179 - SPECIAL PROCEEDINGS OF ACRIMINAL NATURE; SEALING RECORDS OF CRIMINAL PROCEEDINGS; REWARDS; FORMS
SEARCH WARRANTS
NRS 179.015 Propertydefined.
NRS 179.025 Authorityfor issuance.
NRS 179.035 Groundsfor issuance.
NRS 179.045 Issuanceand contents; sealing information upon which warrant is based; time for servingwarrant.
NRS 179.055 Officermay break door to serve warrant after admittance refused; breaking of door orwindow to liberate officer or person acting in aid of officer; use ofreasonable and necessary force.
NRS 179.065 Personcharged with felony may be searched.
NRS 179.075 Executionand return of warrant with inventory.
NRS 179.085 Motionfor return of property and to suppress evidence.
NRS 179.095 Returnof papers to clerk.
NRS 179.105 Retentionof property taken on warrant by officer subject to court order; restoration ofproperty to person from whom it was taken; technical irregularities will notquash warrant.
NRS 179.115 Scope.
FORFEITURES
NRS 179.1156 Scope.
NRS 179.1157 Definitions.
NRS 179.1158 Claimantdefined.
NRS 179.1159 Plaintiffdefined.
NRS 179.1161 Proceedsdefined.
NRS 179.1162 Propertydefined.
NRS 179.1163 Protectedinterest defined.
NRS 179.11635 Willfulblindness defined.
NRS 179.1164 Propertysubject to seizure and forfeiture; exceptions.
NRS 179.1165 Seizureof property: Requirement of process.
NRS 179.1169 Titlein property; transfer.
NRS 179.1171 Proceedingsfor forfeiture: Rules of practice; complaint; service of summons and complaint;answer; parties.
NRS 179.1173 Proceedingsfor forfeiture: Priority over other civil matters; motion to stay; standard ofproof; conviction of claimant not required; confidentiality of informants;return of property to claimant.
NRS 179.1175 Dispositionof property after seizure and forfeiture.
NRS 179.118 Distributionof proceeds from forfeited property.
NRS 179.1185 Issuanceof certificate of title for forfeited vehicle or other conveyance.
NRS 179.1187 Establishmentof account for proceeds from forfeited property; restrictions on use of moneyin account; distribution of certain amount to school district; duties of schooldistrict and chief administrative officer of law enforcement agency.
NRS 179.119 Reportsby law enforcement agencies that receive forfeited property or relatedproceeds; inclusion of such anticipated revenue in budget prohibited.
NRS 179.121 Forfeitureof personal property and conveyances used in commission of crime.
DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED
NRS 179.125 Stolenor embezzled property held by peace officer subject to magistrates order.
NRS 179.135 Orderfor delivery to owner; payment of expenses.
NRS 179.145 Magistrateto deliver property to owner when it comes into his custody; proof of title andpayment of expenses.
NRS 179.155 Courtmay order return of property to owner.
NRS 179.165 Noticemust be provided by law enforcement agency to owner, pawnbroker and otherinterested persons; contents of notice; sale or disposal of unclaimed propertyby county treasurer; records.
CRIMINAL EXTRADITION (UNIFORM ACT)
NRS 179.177 Shorttitle.
NRS 179.179 Definitions.
NRS 179.181 Fugitivesfrom justice; duty of Governor.
NRS 179.183 Formof demand.
NRS 179.185 Governormay investigate case.
NRS 179.187 Extraditionof persons imprisoned or awaiting trial in another state or who have leftdemanding state under compulsion.
NRS 179.189 Extraditionof persons not present in demanding state at time of commission of crime.
NRS 179.191 Governorswarrant of arrest.
NRS 179.193 Mannerand place of execution.
NRS 179.195 Authorityof arresting officer.
NRS 179.197 Rightsof accused person; application for writ of habeas corpus.
NRS 179.199 Penaltyfor noncompliance with NRS 179.197.
NRS 179.201 Confinementin jail or detention facility when necessary.
NRS 179.203 Arrestbefore requisition.
NRS 179.205 Arrestwithout warrant.
NRS 179.207 Commitmentto await requisition; bail.
NRS 179.209 Bail:In what cases; conditions of bond.
NRS 179.211 Extensionof time of commitment; adjournment.
NRS 179.213 Forfeitureof bail.
NRS 179.215 Personsunder criminal prosecution in this State at time of requisition.
NRS 179.217 Guiltor innocence of accused: When inquired into.
NRS 179.219 Governormay recall warrant or issue alias.
NRS 179.221 Fugitivesfrom this State; duty of Governor.
NRS 179.223 Applicationfor issuance of requisition: By whom made; contents.
NRS 179.225 Costsand expenses.
NRS 179.227 Immunityfrom service of process in certain civil actions.
NRS 179.229 Writtenwaiver of extradition proceedings.
NRS 179.231 Nonwaiverby this State.
NRS 179.233 Noright of asylum; no immunity from other criminal prosecutions while in thisState.
NRS 179.235 Interpretation.
SEALING RECORDS OF CRIMINAL PROCEEDINGS
NRS 179.245 Sealingrecords after conviction: Persons eligible; petition; notice; hearing; order.
NRS 179.255 Sealingrecords after dismissal or acquittal: Petition; notice; hearing; order.
NRS 179.259 Sealingrecords after completion of program for reentry: Persons eligible; procedure;order; inspection of sealed records by professional licensing board.
NRS 179.265 Rehearingsafter denial of petition: Time for; number.
NRS 179.275 Ordersealing records: Distribution to Central Repository and persons named in order;compliance.
NRS 179.285 Ordersealing records: Effect; proceedings deemed never to have occurred; restorationof civil rights.
NRS 179.295 Reopeningof sealed records.
NRS 179.301 Inspectionof sealed records by certain agencies.
REWARDS
NRS 179.310 Rewardfor apprehension of robber.
FORMS
NRS 179.315 Useof authorized forms.
NRS 179.320 Warrantof arrest.
NRS 179.325 Summons.
NRS 179.330 Searchwarrant.
NRS 179.335 Motionfor return of seized property and suppression of evidence.
NRS 179.340 Bail:After arrest and before preliminary examination.
NRS 179.345 Endorsementon warrant of arrest for commitment for preliminary examination.
NRS 179.350 Dischargeafter preliminary examination.
NRS 179.355 Commitmentand bail after preliminary examination.
NRS 179.360 Commitmentwhere defendant held to answer after preliminary examination.
NRS 179.365 Bailafter preliminary examination and before arraignment.
NRS 179.370 Indictment.
NRS 179.375 Information.
NRS 179.380 Warrantupon finding of presentment, indictment or information.
NRS 179.385 Bailafter arrest on warrant following finding of presentment, indictment orinformation.
NRS 179.390 Subpoena;subpoena duces tecum.
NRS 179.395 Benchwarrant after conviction.
NRS 179.400 Undertakingon recommitment.
INTERCEPTION OF WIRE OR ORAL COMMUNICATION
NRS 179.410 Definitions.
NRS 179.415 Aggrievedperson defined.
NRS 179.420 Contentsdefined.
NRS 179.425 Electronic,mechanical or other device defined.
NRS 179.430 Interceptdefined.
NRS 179.435 Investigativeor law enforcement officer defined.
NRS 179.440 Oralcommunication defined.
NRS 179.445 Persondefined.
NRS 179.450 Statedefined.
NRS 179.455 Wirecommunication defined.
NRS 179.458 Provisionsinapplicable to recording of certain telephone calls by public utility.
NRS 179.460 Casesin which interception of wire or oral communications may be authorized.
NRS 179.465 Disclosureor use of intercepted communications.
NRS 179.470 Applicationfor order authorizing interception of communications; prerequisites to issuanceof order.
NRS 179.475 Orderauthorizing interception of communications: Contents; duration; extension.
NRS 179.480 Progressreports to judge.
NRS 179.485 Recording.
NRS 179.490 Sealingof applications and orders; disclosure.
NRS 179.495 Noticeto parties to intercepted communications.
NRS 179.500 Contentsof intercepted communications inadmissible in evidence unless transcriptprovided to parties before trial.
NRS 179.505 Motionto suppress.
NRS 179.510 Appealby State from order granting motion to suppress.
NRS 179.515 Reportsby justices of Supreme Court, district judges, Attorney General and districtattorneys.
MISCELLANEOUS PROVISIONS
NRS 179.525 Temporarychanges in telephone service permitted where hostages are being held orsuspects are barricaded.
NRS 179.530 Orderauthorizing use of pen register or trap and trace device.
NRS 179.535 Receiptfor property taken from person arrested for public offense.
_________
SEARCH WARRANTS
NRS
(Added to NRS by 1967, 1458)
NRS
(Added to NRS by 1967, 1458)
NRS
1. Stolen or embezzled in violation of the laws of theState of Nevada, or of any other state or of the United States;
2. Designed or intended for use or which is or hasbeen used as the means of committing a criminal offense; or
3. When the property or things to be seized consist ofany item or constitute any evidence which tends to show that a criminal offensehas been committed, or tends to show that a particular person has committed acriminal offense.
(Added to NRS by 1967, 1458)
NRS
1. A search warrant may issue only on affidavit oraffidavits sworn to before the magistrate and establishing the grounds forissuing the warrant or as provided in subsection 2. If the magistrate issatisfied that grounds for the application exist or that there is probablecause to believe that they exist, he shall issue a warrant identifying theproperty 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 berecorded in the presence of the magistrate or in his immediate vicinity by acertified court reporter or by electronic means, transcribed, certified by thereporter if he recorded it, and certified by the magistrate. The statement mustbe filed with the clerk of the court.
3. Upon a showing of good cause, the magistrate mayorder an affidavit or a recording of an oral statement given pursuant to thissection to be sealed. Upon a showing of good cause, a court may cause theaffidavit 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, hemay orally authorize a peace officer to sign the name of the magistrate on aduplicate original warrant. A duplicate original search warrant shall be deemedto be a search warrant. It must be returned to the magistrate who authorizedthe signing of his name on it. The magistrate shall endorse his name and enterthe date on the warrant when it is returned to him. Any failure of themagistrate to make such an endorsement and entry does not in itself invalidatethe warrant.
5. The warrant must be directed to a peace officer inthe county where the warrant is to be executed. It must:
(a) State the grounds or probable cause for itsissuance and the names of the persons whose affidavits have been taken insupport thereof; or
(b) Incorporate by reference the affidavit or oralstatement upon which it is based.
The warrantmust command the officer to search forthwith the person or place named for theproperty specified.
6. The warrant must direct that it be served betweenthe hours of 7 a.m. and 7 p.m., unless the magistrate, upon a showing of goodcause therefor, inserts a direction that it be served at any time.
7. The warrant must designate the magistrate to whomit is to be returned.
(Added to NRS by 1967, 1459; A 1975, 39; 1981, 1652;1993, 1412; 1997, 741)
NRS
1. The officer may break open any outer or inner dooror window of a house, or any part of the house, or anything therein, to executethe warrant, if, after notice of his authority and purpose, he is refusedadmittance.
2. The officer may break open any outer or inner dooror window of a house for the purpose of liberating a person who, having enteredto aid him in the execution of his warrant, is detained therein, or whennecessary for his own liberation.
3. All reasonable and necessary force may be used toeffect an entry into any building or property or part thereof to execute asearch warrant. In the execution of the warrant, the person executing it mayreasonably detain and search any person in the place at the time in order toprotect himself from attack or to prevent destruction, disposal or concealmentof any instruments, articles or things particularly described in the warrant.
(Added to NRS by 1967, 1459)
NRS
(Added to NRS by 1967, 1459)
NRS
1. The warrant may be executed and returned onlywithin 10 days after its date.
2. The officer taking property under the warrant shallgive to the person from whom or from whose premises the property was taken acopy of the warrant and a receipt for the property taken or shall leave thecopy and receipt at the place from which the property was taken.
3. The return shall be made promptly and shall beaccompanied by a written inventory of any property taken. The inventory shallbe made in the presence of the applicant for the warrant and the person fromwhose possession or premises the property was taken, if they are present, or inthe presence of at least one credible person other than the applicant for thewarrant 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 ofthe inventory to the person from whom or from whose premises the property wastaken and to the applicant for the warrant.
(Added to NRS by 1967, 1459)
NRS
1. A person aggrieved by an unlawful search andseizure may move the court having jurisdiction where the property was seizedfor the return of the property and to suppress for use as evidence anything soobtained 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 theexistence of the grounds on which the warrant was issued; or
(d) The warrant was illegally executed.
The judgeshall receive evidence on any issue of fact necessary to the decision of themotion.
2. If the motion is granted the property shall berestored unless otherwise subject to lawful detention and it shall not beadmissible evidence at any hearing or trial.
3. The motion to suppress evidence may also be made inthe court where the trial is to be had. The motion shall be made before trialor hearing unless opportunity therefor did not exist or the defendant was notaware of the grounds for the motion, but the court in its discretion mayentertain the motion at the trial or hearing.
(Added to NRS by 1967, 1460)
NRS
(Added to NRS by 1967, 1460; A 1981, 1653)
NRS
(Added to NRS by 1967, 1460)
NRS
(Added to NRS by 1967, 1460)
FORFEITURES
NRS
(Added to NRS by 1987, 1380; A 1989, 1789)
NRS
(Added to NRS by 1987, 1380; A 1989, 1789; 1991, 209)
NRS
1. Any right, title or interest of record in theproperty or proceeds subject to forfeiture;
2. Any community property interest in the property orproceeds; or
3. Had possession of the property or proceeds at thetime of the seizure thereof by the plaintiff.
(Added to NRS by 1987, 1380)
NRS
(Added to NRS by 1987, 1380)
NRS
(Added to NRS by 1987, 1380)
NRS
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 orvessel.
5. Money, security or negotiable instrument.
6. Proceeds.
(Added to NRS by 1987, 1380)
NRS
(Added to NRS by 1987, 1380)
NRS
(Added to NRS by 1991, 209)
NRS
1. Except as otherwise provided in subsection 2, thefollowing property is subject to seizure and forfeiture in a proceeding forforfeiture:
(a) Any proceeds attributable to the commission orattempted commission of any felony.
(b) Any property or proceeds otherwise subject toforfeiture pursuant to NRS 179.121,
2. Property may not, to the extent of the interest ofany claimant, be declared forfeited by reason of an act or omission shown tohave been committed or omitted without the knowledge, consent or willfulblindness of the claimant.
3. Unless the owner of real property or a mobile home:
(a) Has given the tenant notice to surrender thepremises pursuant to NRS 40.254 within90 days after the owner receives notice of a conviction pursuant to subsection2 of NRS 453.305; or
(b) Shows the court that he had good cause not to evictthe tenant summarily pursuant to NRS 40.254,
the owner ofreal property or a mobile home used or intended for use by a tenant tofacilitate any violation of the provisions of NRS453.011 to 453.552, inclusive,except NRS 453.336, is disputablypresumed to have known of and consented to that use if the notices required by
(Added to NRS by 1987, 1380; A 1989, 1235; 1991, 209,2286, 2288; 1995, 2534;
NRS
1. Except as provided in subsection 2, property thatis subject to forfeiture may only be seized by a law enforcement agency uponprocess issued by a magistrate having jurisdiction over the property.
2. A seizure of property may be made by a lawenforcement 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 anadministrative inspection;
(b) The property is the subject of a final judgment ina proceeding for forfeiture;
(c) The law enforcement agency has probable cause tobelieve that the property is directly or indirectly dangerous to health orsafety; or
(d) The law enforcement agency has probable cause tobelieve that the property is subject to forfeiture.
(Added to NRS by 1985, 1466; A 1987, 1382)
NRS
1. All right, title and interest in property subjectto forfeiture vests in the plaintiff:
(a) In the case of property used or intended for use tofacilitate the commission or attempted commission of any felony, when theproperty is so used or intended for such use.
(b) In the case of property otherwise subject toforfeiture, 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 titleto the property has become vested in the plaintiff, and before the terminationof the proceeding for forfeiture, is void as against the plaintiff, unless theperson to whom the transfer is made is a good faith purchaser for value. Ifsuch 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 theproceeding or the facts giving rise to the proceeding.
If thepurchaser acquires his interest after the seizure of the property by the plaintiff,it is conclusively presumed that the interest has been acquired with notice ofthe proceeding.
(Added to NRS by 1987, 1381)
NRS
1. Except as otherwise provided in
2. A proceeding for forfeiture is commenced by filinga complaint for forfeiture. If the property has been seized without process,the plaintiff shall promptly file the complaint for forfeiture. The property issubject to an action to claim its delivery only if the plaintiff does not filethe complaint for forfeiture within 60 days after the property is seized. Ifthe complaint for forfeiture is filed following the commencement of an actionclaiming delivery, the complaint must be treated as a counterclaim.
3. A proceeding for forfeiture is in rem. Thecomplaint for forfeiture must be filed in the district court for the county inwhich the property which is the subject of the proceeding is located.
4. The plaintiff shall cause service of the summonsand complaint to be made upon each claimant whose identity is known to theplaintiff or who can be identified through the exercise of reasonablediligence. If real property or any interest in real property is affected by theproceeding, the plaintiff shall file notice of the proceeding in the mannerprovided in NRS 14.010.
5. Each claimant served with the summons and complaintwho desires to contest the forfeiture shall, within 20 days after the service,serve and file his verified answer to the complaint. The claimant shall admitor deny the averments of the complaint and shall, in short and plain terms,describe the interest which he asserts in the property. Concurrently with theanswer, the claimant shall serve answers or objections to any writteninterrogatories served upon him with the summons and complaint.
6. No person, other than the plaintiff and anyclaimant, is a proper party in the proceeding.
(Added to NRS by 1987, 1381)
NRS
1. The district court shall proceed as soon aspracticable to a trial and determination of the matter. A proceeding forforfeiture is entitled to priority over other civil actions which are nototherwise entitled to priority.
2. At a proceeding for forfeiture, the plaintiff orclaimant may file a motion for an order staying the proceeding and the courtshall grant that motion if a criminal action which is the basis of theproceeding is pending trial. The court shall, upon a motion made by theplaintiff, lift the stay upon a satisfactory showing that the claimant is afugitive.
3. The plaintiff in a proceeding for forfeiture mustestablish proof by clear and convincing evidence that the property is subjectto forfeiture.
4. In a proceeding for forfeiture, the rule of lawthat forfeitures are not favored does not apply.
5. The plaintiff is not required to plead or provethat a claimant has been charged with or convicted of any criminal offense. Ifproof of such a conviction is made, and it is shown that the judgment ofconviction has become final, the proof is, as against any claimant, conclusiveevidence of all facts necessary to sustain the conviction.
6. The plaintiff has an absolute privilege to refuseto disclose the identity of any person, other than a witness, who has furnishedto a law enforcement officer information purporting to reveal the commission ofa crime. The privilege may be claimed by an appropriate representative of theplaintiff.
7. If the court determines that the property is notsubject to forfeiture, the court shall order the property and any interestaccrued pursuant to subsection 2 of NRS179.1175 returned to the claimant found to be entitled to the property. Ifthe court determines that the property is subject to forfeiture, the courtshall so decree. The property, including any interest accrued pursuant tosubsection 2 of NRS 179.1175, must beforfeited to the plaintiff, subject to the right of any claimant whoestablishes a protected interest. Any such claimant must, upon the sale orretention of the property, be compensated for his interest in the mannerprovided in NRS 179.118.
(Added to NRS by 1987, 1382; A
NRS
1. Except as otherwise provided in subsection 2, afterproperty 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 theagency for the storage of that type of property; or
(c) Remove the property to an appropriate place fordisposition in a manner authorized by the court.
2. If an agency seizes currency, unless otherwiseordered by the court, the agency shall deposit the currency in aninterest-bearing account maintained for the purpose of holding currency seizedby the agency.
3. When a court declares property to be forfeited, theplaintiff may:
(a) Retain it for official use;
(b) Sell any of it which is neither required by law tobe destroyed nor harmful to the public; or
(c) Remove it for disposition in accordance with theapplicable provisions of NRS.
(Added to NRS by 1985, 1467; A 1987, 1383;
NRS
1. The proceeds from any sale or retention of propertydeclared to be forfeited and any interest accrued pursuant to subsection 2 of
2. Any balance remaining after the distributionrequired by subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, ifthe plaintiff seized the property, in the special account established pursuantto NRS 179.1187 by the governing bodythat controls the plaintiff.
(b) Except as otherwise provided in this subsection, ifthe plaintiff is a metropolitan police department, in the special accountestablished by the Metropolitan Police Committee on Fiscal Affairs pursuant to
(c) Except as otherwise provided in this subsection, ifmore than one agency was substantially involved in the seizure, in an equitablemanner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to
(e) If the property was seized as the result of aviolation of NRS 202.300, in the generalfund of the county in which the complaint for forfeiture was filed, to be usedto support programs of counseling of persons ordered by the court to attendcounseling pursuant to NRS 62E.290.
(Added to NRS by 1985, 1467; A 1987, 1383; 1989,1789; 1995, 1150; 1997, 1599;
NRS
1. The governing body or the agency to whom the titlewas awarded by the court if the conveyance is retained for official use; or
2. The purchaser if the conveyance is sold by thegoverning body or the plaintiff.
(Added to NRS by 1985, 1467; A 1987, 1384;
NRS
1. The governing body controlling each law enforcementagency that receives proceeds from the sale of forfeited property shallestablish with the State Treasurer, county treasurer, city treasurer or towntreasurer, as custodian, a special account, known as the .................Forfeiture Account. The account is a separate and continuing account and nomoney in it reverts to the State General Fund or the general fund of thecounty, city or town at any time. For the purposes of this section, thegoverning body controlling a metropolitan police department is the MetropolitanPolice Committee on Fiscal Affairs.
2. The money in the account may be used for any lawfulpurpose deemed appropriate by the chief administrative officer of the lawenforcement agency, except that:
(a) The money must not be used to pay the ordinaryoperating expenses of the agency.
(b) Money derived from the forfeiture of any propertydescribed in NRS 453.301 must be used toenforce the provisions of chapter 453 of NRS.
(c) Money derived from the forfeiture of any propertydescribed in NRS 501.3857 must be usedto 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 determinedbased upon the accounting standards of the governing body controlling the lawenforcement agency that are in place on March 1, 2001, must be distributed tothe school district in the judicial district. If the judicial district servesmore than one county, the money must be distributed to the school district inthe 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 ofany property described in NRS 453.301may be used to pay for the operating expenses of a joint task force on narcoticsotherwise funded by a federal, state or private grant or donation. As used inthis subsection, joint task force on narcotics means a task force onnarcotics operated by the Department of Public Safety in conjunction with otherlocal or federal law enforcement agencies.
4. A school district that receives money pursuant toparagraph (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 anyapplicable charges, must be credited to the account. The money in the accountmust be used to purchase books and computer hardware and software for the useof the students in that school district.
5. The chief administrative officer of a lawenforcement agency that distributes money to a school district pursuant toparagraph (d) of subsection 2 shall submit a report to the Director of theLegislative Counsel Bureau before January 1 of each odd-numbered year. Thereport must contain the amount of money distributed to each school districtpursuant to paragraph (d) of subsection 2 in the preceding biennium.
(Added to NRS by 1989, 1789; A 1991, 2287; 2001 876;
NRS
1. Any law enforcement agency that receives forfeitedproperty or the proceeds of a sale of such property pursuant to the provisionscontained in NRS 179.1156 to
(a) File a quarterly report of the approximate value ofthe property and the amount of the proceeds with the entity that controls thebudget of the agency; and
(b) Provide the entity that controls the budget of theagency with a quarterly accounting of the receipt and use of the proceeds.
2. Revenue from forfeitures must not be considered inthe preparation of the budget of a law enforcement agency except as money tomatch money from the Federal Government.
(Added to NRS by 1985, 1468; A 1987, 1384; 1989,1790; 2003, 2529)
NRS
1. All personal property, including, withoutlimitation, any tool, substance, weapon, machine, computer, money or security,which is used as an instrumentality in any of the following crimes is subjectto forfeiture:
(a) The commission of or attempted commission of thecrime of murder, robbery, kidnapping, burglary, invasion of the home, grandlarceny, theft if it is punishable as a felony, or pandering;
(b) The commission of or attempted commission of anyfelony with the intent to commit, cause, aid, further or conceal an act ofterrorism;
(c) A violation of NRS202.445 or 202.446;
(d) The commission of any crime by a criminal gang, asdefined in NRS 213.1263; or
(e) A violation of NRS200.463, 200.464,
2. Except as otherwise provided for conveyancesforfeitable pursuant to NRS 453.301 or
(a) A conveyance used by any person as a common carrierin the transaction of business as a common carrier is not subject to forfeitureunder this section unless it appears that the owner or other person in chargeof the conveyance is a consenting party or privy to the felony or violation;
(b) A conveyance is not subject to forfeiture underthis section by reason of any act or omission established by the owner thereofto have been committed or omitted without his knowledge, consent or willfulblindness;
(c) A conveyance is not subject to forfeiture for aviolation of NRS 202.300 if the firearmused 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 bonafide security interest is subject to the interest of the secured party if heneither had knowledge of nor consented to the felony. If a conveyance isforfeited, the appropriate law enforcement agency may pay the existing balanceand retain the conveyance for official use.
3. For the purposes of this section, a firearm isloaded if:
(a) There is a cartridge in the chamber of the firearm;
(b) There is a cartridge in the cylinder of thefirearm, if the firearm is a revolver; or
(c) There is a cartridge in the magazine and themagazine is in the firearm or there is a cartridge in the chamber, if thefirearm is a semiautomatic firearm.
4. As used in this section, act of terrorism has themeaning 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;
DISPOSAL OF PROPERTY STOLEN OR EMBEZZLED
NRS
(Added to NRS by 1967, 1460; A 1975, 1184)
NRS
(Added to NRS by 1967, 1460)
NRS
(Added to NRS by 1967, 1461)
NRS
(Added to NRS by 1967, 1461)
NRS
1. Except as otherwise provided in subsections 2 and3, a law enforcement agency which has custody of property that has been stolenor embezzled shall, if the agency knows or can reasonably discover the name andaddress 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 letterof the location of the property and the method by which the owner or the personentitled to possession of the property may claim it.
2. If the property that has been stolen or embezzledis a firearm, the law enforcement agency shall notify only the owner of thefirearm of the location of the property and the method by which the owner mayclaim it.
3. If the property that has been stolen or embezzledwas obtained from a pawnbroker pursuant to NRS646.047, the law enforcement agency shall, in addition to notifying thepersons described in subsection 1 or 2, as appropriate, notify the pawnbrokerfrom whom it was obtained.
4. The notice must be mailed by certified orregistered mail:
(a) Upon the conviction of the person who committed theoffense;
(b) Upon the decision of the police or districtattorney not to pursue or prosecute the case; or
(c) When the case is otherwise terminated.
5. If the property stolen or embezzled is not claimedby the owner or the person entitled to possession of the property before theexpiration of 6 months after the date the notice is mailed or, if no notice isrequired, after the date notice would have been sent if it were required, themagistrate or other officer having it in custody shall, except as otherwiseprovided in this subsection, on payment of the necessary expenses incurred forits preservation, deliver it to the county treasurer, who shall dispose of theproperty as provided in subsection 6. If a metropolitan police department whichis organized pursuant to chapter 280 of NRShas custody of the property, the sheriff of the department may deliver it tothe county treasurer and accept the net proceeds, if any, from the dispositionof the property pursuant to subsection 6 in lieu of the payment of expensesincurred for the propertys preservation.
6. Upon receiving stolen or embezzled propertypursuant to this section, the county treasurer shall petition the districtcourt for an order authorizing him to:
(a) Conduct an auction for the disposal of salableproperty;
(b) Dispose of property not deemed salable by donationsto charitable organizations or by destruction;
(c) Destroy property the possession of which is deemedillegal or dangerous; or
(d) Dispose of property not purchased at an auction bydonations 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 countytreasurer from the sales must be filed with the county clerk.
(Added to NRS by 1967, 1461; A 1973, 565; 1989, 382;
CRIMINAL EXTRADITION (UNIFORM ACT)
NRS
(Added to NRS by 1967, 1098)
NRS
1. Executive authority means the governor, and anyperson performing the functions of governor in a state other than this state.
2. Governor means any person performing thefunctions of Governor by authority of the law of this state.
3. State, when referring to a state other than thisstate, means any other state or territory, organized or unorganized, of theUnited States of America.
(Added to NRS by 1967, 1098)
NRS
(Added to NRS by 1967, 1098)
NRS
1. In writing alleging, except in cases arising under
2. Accompanied by a copy of an indictment found or byinformation supported by affidavit in the state having jurisdiction of thecrime, or by a copy of an affidavit made before a magistrate there, togetherwith a copy of any warrant which was issued thereupon; or
3. Accompanied by a copy of a judgment of convictionor of a sentence imposed in execution thereof, together with a statement by theexecutive authority of the demanding state that the person claimed has escapedfrom confinement or has broken the terms of his bail, probation or parole.
Theindictment, information or affidavit made before the magistrate must substantiallycharge the person demanded with having committed a crime under the law of thatstate; and the copy of indictment, information, affidavit, judgment ofconviction or sentence must be authenticated by the executive authority makingthe demand.
(Added to NRS by 1967, 1098)
NRS
(Added to NRS by 1967, 1099)
NRS
1. When it is desired to have returned to this state aperson charged in this state with a crime, and such person is imprisoned or isheld under criminal proceedings then pending against him in another state, theGovernor of this state may agree with the executive authority of such otherstate for the extradition of such person before the conclusion of suchproceedings or his term of sentence in such other state, upon condition thatsuch person be returned to such other state at the expense of this state assoon as the prosecution in this state is terminated.
2. The Governor of this state may also surrender ondemand of the executive authority of any other state any person in this statewho is charged in the manner provided in NRS179.223 with having violated the laws of the state whose executiveauthority is making the demand, even though such person left the demandingstate involuntarily.
(Added to NRS by 1967, 1099)
NRS
(Added to NRS by 1967, 1099)
NRS
1. If the Governor decides that the demand should becomplied with, he shall sign a warrant of arrest, which must be sealed with thestate seal, and be directed to any peace officer or other person whom he maythink fit to entrust with the execution thereof. The warrant must substantiallyrecite the facts necessary to the validity of its issuance.
2. A telegraphic copy or an abstract of the Governorswarrant may be sent by telegraph, teletype or any other electronic device tothe person entrusted with the execution of the warrant. The copy or abstract isas effectual as the original warrant issued by the Governor.
3. The person who causes a telegraphic copy orabstract of the Governors warrant to be sent must certify as correct, and filein the telegraphic office from which the copy or abstract is sent, a copy ofthe warrant, and must return the original with a statement of his actions underthe warrant.
(Added to NRS by 1967, 1099; A 1987, 91)
NRS
1. Arrest the accused at any time and any place wherehe may be found within the State;
2. Command the aid of all peace officers or otherpersons in the execution of the warrant; and
3. Deliver the accused, subject to the provisions of
(Added to NRS by 1967, 1099)
NRS
(Added to NRS by 1967, 1100)
NRS
1. No person arrested upon such warrant shall bedelivered over to the agent whom the executive authority demanding him hasappointed to receive him unless he is first taken forthwith before a judge of acourt of record in this state, who shall inform him of the demand made for hissurrender and of the crime with which he is charged, and that he has the rightto demand and procure legal counsel.
2. If the prisoner or his counsel state that he orthey desire to test the legality of his arrest, the judge of such court ofrecord shall fix a reasonable time to be allowed him within which to apply tothe district court for a writ of habeas corpus.
3. When such writ is applied for, notice thereof, andof the time and place of hearing thereon, shall be given to the prosecutingofficer of the county in which the arrest is made and in which the accused isin custody, and to the agent of the demanding state.
(Added to NRS by 1967, 1100; A 1983, 539)
NRS
(Added to NRS by 1967, 1100)
NRS
1. The officer or persons executing the Governorswarrant of arrest, or the agent of the demanding state to whom the prisoner mayhave been delivered may, when necessary, confine the prisoner in the jail ordetention facility of any county or city through which he may pass, and thekeeper of the jail or detention facility shall receive and safely keep theprisoner until the officer or person having charge of him is ready to proceedon his route, such officer or person being chargeable with the expense ofkeeping.
2. The officer or agent of a demanding state to whom aprisoner may have been delivered following extradition proceedings in anotherstate, or to whom a prisoner may have been delivered after waiving extraditionin another state, and who is passing through this state with a prisoner for thepurpose of immediately returning the prisoner to the demanding state may, whennecessary, confine the prisoner in the jail or detention facility of any countyor city through which he may pass, and the keeper of the jail or detentionfacility shall receive and safely keep the prisoner until the officer or agenthaving charge of him is ready to proceed on his route, such officer or agentbeing chargeable with the expense of keeping. The officer or agent shall produceand show to the keeper of the jail or detention facility satisfactory writtenevidence of the fact that he is actually transporting a prisoner to thedemanding state after a requisition by the executive authority of the demandingstate. The prisoner is not entitled to demand a new requisition while in thisstate.
(Added to NRS by 1967, 1100; A 1989, 1178)
NRS
1. Whenever any person within this state is charged onthe oath of any credible person before any judge or magistrate of this statewith the commission of any crime in any other state and, except in casesarising under NRS 179.189, with havingfled from justice, or with having been convicted of a crime in that state andhaving escaped from confinement, or having broken the terms of his bail,probation or parole; or
2. Whenever complaint has been made before any judgeor magistrate in this state setting forth on the affidavit of any credibleperson in another state that a crime has been committed in such other state andthat the accused has been charged in such state with the commission of thecrime, and, except in cases arising under NRS179.189, has fled from justice, or with having been convicted of a crime inthat state and having escaped from confinement, or having broken the terms ofhis bail, probation or parole and is believed to be in this state,
the judge ormagistrate shall issue a warrant directed to any peace officer commanding himto 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 orwhich may be available in or convenient of access to the place where the arrestmay be made, to answer the charge or complaint and affidavit. A certified copyof the sworn charge or complaint and affidavit upon which the warrant is issuedshall be attached to the warrant.
(Added to NRS by 1967, 1100)
NRS
(Added to NRS by 1967, 1101)
NRS
(Added to NRS by 1967, 1101; A 1967, 1389)
NRS
(Added to NRS by 1967, 1101; A 1973, 800)
NRS
(Added to NRS by 1967, 1101)
NRS
(Added to NRS by 1967, 1102)
NRS
(Added to NRS by 1967, 1102)
NRS
(Added to NRS by 1967, 1102)
NRS
(Added to NRS by 1967, 1102)
NRS
(Added to NRS by 1967, 1102)
NRS
1. When the return to this state of a person chargedwith crime in this state is required, the district attorney shall present tothe Governor his written application for a requisition for the return of theperson 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 ofits commission;
(d) The state in which he is believed to be, includingthe location of the accused therein at the time the application is made; and
(e) A certification that, in the opinion of thedistrict attorney, the ends of justice require the arrest and return of theaccused to this state for trial and that the proceeding is not instituted toenforce a private claim.
2. When the return to this state is required of aperson who has been convicted of a crime in this state and has escaped fromconfinement or broken the terms of his bail, probation or parole, the districtattorney of the county in which the offense was committed, the State Board ofParole Commissioners, the Chief Parole and Probation Officer, the Director ofthe Department of Corrections or the sheriff of the county from which escapewas made shall present to the Governor a written application for a requisitionfor 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 orof the breach of the terms of his bail, probation or parole; and
(d) The state in which he is believed to be, includingthe 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 indictmentreturned, or information and affidavit filed, or of the complaint made to thejudge or magistrate, stating the offense with which the accused is charged, orof the judgment of conviction or of the sentence. The district attorney, StateBoard of Parole Commissioners, Chief Parole and Probation Officer, Director ofthe Department of Corrections or sheriff may also attach such furtheraffidavits and other documents in duplicate as he deems proper to be submittedwith the application. One copy of the application, with the action of theGovernor indicated by endorsement thereon, and one of the certified copies ofthe indictment, complaint, information and affidavits, or of the judgment ofconviction or of the sentence must be filed in the Office of the Secretary ofState of the State of Nevada to remain of record in that office. The othercopies of all papers must be forwarded with the Governors requisition.
(Added to NRS by 1967, 1102; A 1969, 15; 1977, 864;1985, 149; 2001Special Session, 224)
NRS
1. If the punishment of the crime is the confinementof the criminal in prison, the expenses must be paid from money appropriated tothe Office of the Attorney General for that purpose, upon approval by the StateBoard of Examiners. After the appropriation is exhausted, the expenses must bepaid from the Reserve for Statutory Contingency Account upon approval by theState Board of Examiners. In all other cases, they must be paid out of thecounty treasury in the county wherein the crime is alleged to have beencommitted. The expenses are:
(a) If the prisoner is returned to this State fromanother state, the fees paid to the officers of the state on whose governor therequisition is made;
(b) If the prisoner is returned to this State from aforeign country or jurisdiction, the fees paid to the officers and agents ofthis State or the United States; or
(c) If the prisoner is temporarily returned forprosecution to this State from another state pursuant to this chapter or
and thenecessary traveling expenses and subsistence allowances in the amountsauthorized by NRS 281.160 incurred inreturning the prisoner.
2. If a person is returned to this State pursuant tothis chapter or chapter 178 of NRS and isconvicted of, or pleads guilty or nolo contendere to the criminal charge forwhich he was returned or a lesser criminal charge, the court shall conduct an investigationof the financial status of the person to determine his ability to make restitution.In conducting the investigation, the court shall determine if the person isable to pay any existing obligations for:
(a) Child support;
(b) Restitution to victims of crimes; and
(c) Any administrative assessment required to be paidpursuant to NRS 62E.270,
3. If the court determines that the person isfinancially able to pay the obligations described in subsection 2, it shall, inaddition to any other sentence it may impose, order the person to makerestitution for the expenses incurred by the Attorney General or othergovernmental entity in returning him to this State. The court shall not orderthe person to make restitution if payment of restitution will prevent him frompaying any existing obligations described in subsection 2. Any amount of restitutionremaining unpaid constitutes a civil liability arising upon the date of the completionof his sentence.
4. The Attorney General may adopt regulations to carryout 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;
NRS
(Added to NRS by 1967, 1103)
NRS
1. Except as otherwise provided in subsection 3, aperson arrested in this State who is charged with having committed a crime inanother state or who is alleged to have escaped from confinement, or broken theterms of his bail, probation or parole may waive the issuance and service ofthe warrant provided for in NRS 179.191and 179.193 and all other procedureincidental to extradition proceedings, by executing or subscribing in thepresence of a judge of a court of record within this State a writing whichstates that he consents to return to the demanding state. Before the waiver isexecuted or subscribed, the judge shall inform the person of his rights to theissuance and service of a warrant of extradition and to obtain a writ of habeascorpus as provided for in NRS 179.197.
2. An executed waiver must be forwarded immediately tothe Office of the Attorney General of this State and filed therein. The judgeshall remand the person to custody without bail, unless otherwise stipulated bythe district attorney with the concurrence of the other state, and shall directthe officer having the person in custody to deliver him immediately to anaccredited agent of the demanding state, and shall deliver or cause to bedelivered to the agent a copy of the waiver.
3. A law enforcement agency which has custody of aperson 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 criminalcharges filed in this State against that person, immediately deliver that personto the accredited agent of the demanding state without a warrant issuedpursuant to NRS 179.191 and
(a) The person has signed a waiver of extradition as acondition of his probation, parole, bail or other release in the demandingstate; and
(b) The law enforcement agency has received:
(1) An authenticated copy of the waiver ofextradition signed by the person; and
(2) A photograph and copy of the fingerprints ofthe 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 returnvoluntarily and without formality to the demanding state;
(b) The powers, rights or duties of the officers of thedemanding state or of this State; or
(c) Other procedures concerning the waiver ofextradition.
(Added to NRS by 1967, 1103; A 1991, 153; 1993, 249;1997, 151)
NRS
(Added to NRS by 1967, 1104)
NRS
(Added to NRS by 1967, 1104)
NRS
(Added to NRS by 1967, 1104)
SEALING RECORDS OF CRIMINAL PROCEEDINGS
NRS
1. Except as otherwise provided in subsection 5 and
(a) A category A or B felony after 15 years from thedate 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 thedate 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 ofhis release from actual custody or discharge from parole or probation,whichever occurs later;
(d) Any gross misdemeanor after 7 years from the dateof his release from actual custody or discharge from probation, whicheveroccurs later;
(e) A violation of NRS484.379 other than a felony, or a battery which constitutes domesticviolence pursuant to NRS 33.018 otherthan a felony, after 7 years from the date of his release from actual custodyor from the date when he is no longer under a suspended sentence, whicheveroccurs later; or
(f) Any other misdemeanor after 2 years from the dateof his release from actual custody or from the date when he is no longer undera suspended sentence, whichever occurs later.
2. A petition filed pursuant to subsection 1 must:
(a) Be accompanied by current, verified records of thepetitioners criminal history received from:
(1) The Central Repository for Nevada Records ofCriminal History; and
(2) The local law enforcement agency of the cityor county in which the conviction was entered;
(b) Include a list of any other public or privateagency, company, official or other custodian of records that is reasonablyknown to the petitioner to have possession of records of the conviction and towhom the order to seal records, if issued, will be directed; and
(c) Include information that, to the best knowledge andbelief of the petitioner, accurately and completely identifies the records tobe sealed.
3. Upon receiving a petition pursuant to this section,the court shall notify the law enforcement agency that arrested the petitionerfor the crime and:
(a) If the person was convicted in a district court orJustice Court, the prosecuting attorney for the county; or
(b) If the person was convicted in a municipal court,the prosecuting attorney for the city.
The prosecutingattorney and any person having relevant evidence may testify and presentevidence at the hearing on the petition.
4. If, after the hearing, the court finds that, in theperiod prescribed in subsection 1, the petitioner has not been charged with anyoffense for which the charges are pending or convicted of any offense, exceptfor minor moving or standing traffic violations, the court may order sealed allrecords of the conviction which are in the custody of the court, of anothercourt in the State of Nevada or of a public or private agency, company orofficial in the State of Nevada, and may also order all such criminalidentification records of the petitioner returned to the file of the courtwhere the proceeding was commenced from, including, but not limited to, theFederal Bureau of Investigation, the California Bureau of Identification andInformation, sheriffs offices and all other law enforcement agenciesreasonably known by either the petitioner or the court to have possession ofsuch records.
5. A person may not petition the court to seal recordsrelating to a conviction of a crime against a child or a sexual offense.
6. If the court grants a petition for the sealing ofrecords pursuant to this section, upon the request of the person whose recordsare sealed, the court may order sealed all records of the civil proceeding inwhich the records were sealed.
7. As used in this section:
(a) Crime against a child has the meaning ascribed toit in NRS 179D.210.
(b) Sexual offense means:
(1) Murder of the first degree committed in theperpetration or attempted perpetration of sexual assault or of sexual abuse orsexual 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
(3) Statutory sexual seduction pursuant to
(4) Battery with intent to commit sexual assaultpursuant to NRS 200.400.
(5) An offense involving the administration of adrug to another person with the intent to enable or assist the commission of afelony pursuant to NRS 200.405, if thefelony is an offense listed in this paragraph.
(6) An offense involving the administration of acontrolled substance to another person with the intent to enable or assist thecommission of a crime of violence pursuant to NRS200.408, if the crime of violence is an offense listed in this paragraph.
(7) Abuse of a child pursuant to
(8) An offense involving pornography and a minorpursuant to NRS 200.710 to
(9) Incest pursuant to
(10) Solicitation of a minor to engage in actsconstituting the infamous crime against nature pursuant to
(11) Open or gross lewdness pursuant to
(12) Indecent or obscene exposure pursuant to
(13) Lewdness with a child pursuant to
(14) Sexual penetration of a dead human bodypursuant to NRS 201.450.
(15) Luring a child or mentally ill personpursuant to NRS 201.560, if punishableas a felony.
(16) An attempt to commit an offense listed insubparagraphs (1) to (15), inclusive.
(Added to NRS by 1971, 955; A 1983, 1088; 1991, 303;1993, 38; 1997, 1673, 1803, 3159;
NRS
1. If a person has been arrested for alleged criminalconduct and the charges are dismissed or such person is acquitted of thecharges, the person may petition:
(a) The court in which the charges were dismissed, atany time after the date the charges were dismissed; or
(b) The court in which the acquittal was entered, atany time after the date of the acquittal,
for thesealing of all records relating to the arrest and the proceedings leading tothe dismissal or acquittal.
2. A petition filed pursuant to this section must:
(a) Be accompanied by a current, verified record of thecriminal history of the petitioner received from the local law enforcementagency 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 tothe petitioner to have possession of records of the arrest and of theproceedings leading to the dismissal or acquittal and to whom the order to sealrecords, if issued, will be directed; and
(c) Include information that, to the best knowledge andbelief of the petitioner, accurately and completely identifies the records tobe sealed.
3. Upon receiving a petition pursuant to this section,the court shall notify the law enforcement agency that arrested the petitionerfor the crime and:
(a) If the charges were dismissed or the acquittal wasentered in a district court or Justice Court, the prosecuting attorney for thecounty; or
(b) If the charges were dismissed or the acquittal wasentered in a municipal court, the prosecuting attorney for the city.
Theprosecuting attorney and any person having relevant evidence may testify andpresent evidence at the hearing on the petition.
4. If, after the hearing, the court finds that therehas been an acquittal or that the charges were dismissed and there is noevidence that further action will be brought against the person, the court mayorder sealed all records of the arrest and of the proceedings leading to theacquittal or dismissal which are in the custody of the court, of another courtin the State of Nevada or of a public or private company, agency or official inthe State of Nevada.
(Added to NRS by 1971, 955; A 1997, 3160;
NRS
1. Except as otherwise provided in subsections 3 and4, 5 years after an eligible person completes a program for reentry, the courtmay order sealed all documents, papers and exhibits in the eligible personsrecord, minute book entries and entries on dockets, and other documentsrelating to the case in the custody of such other agencies and officers as arenamed in the courts order. The court may order those records sealed without ahearing unless the Division of Parole and Probation of the Department of PublicSafety petitions the court, for good cause shown, not to seal the records andrequests a hearing thereon.
2. If the court orders sealed the record of aneligible person, the court shall send a copy of the order to each agency orofficer named in the order. Each such agency or officer shall notify the courtin writing of its compliance with the order.
3. A professional licensing board is entitled, for thepurpose of determining suitability for a license or liability to discipline formisconduct, to inspect and to copy from a record sealed pursuant to this section.
4. A person may not petition the court to seal recordsrelating 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 toit in NRS 179D.210.
(b) Eligible person means a person who has:
(1) Successfully completed a program for reentryto which he participated in pursuant to NRS209.4886, 209.4888,
(2) Been convicted of a single offense which waspunishable as a felony and which did not involve the use or threatened use offorce or violence against the victim. For the purposes of this subparagraph,multiple convictions for an offense punishable as a felony shall be deemed toconstitute a single offense if those offenses arose out of the same transactionor occurrence.
(c) Program for reentry means:
(1) A correctional program for reentry ofoffenders and parolees into the community that is established by the Directorof the Department of Corrections pursuant to NRS209.4887; or
(2) A judicial program for reentry of offendersand parolees into the community that is established in a judicial districtpursuant to NRS 209.4883.
(d) Sexual offense has the meaning ascribed to it inparagraph (b) of subsection 7 of NRS 179.245.
(Added to NRS by
NRS
1. A person whose petition is denied under
2. No person may petition for more than tworehearings.
(Added to NRS by 1971, 956)
NRS
1. The Central Repository for Nevada Records ofCriminal History; and
2. Each public or private company, agency or officialnamed in the order, and that person shall seal the records in his custody whichrelate to the matters contained in the order, shall advise the court of hiscompliance, and shall then seal the order.
(Added to NRS by 1971, 956; A 1991, 304;
NRS
1. If the court orders a record sealed pursuant to
(a) All proceedings recounted in the record are deemednever to have occurred, and the person to whom the order pertains may properlyanswer accordingly to any inquiry, including, without limitation, an inquiryrelating 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 followingcivil 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 isrestored to his civil rights must be given an official document whichdemonstrates that he has been restored to the civil rights set forth inparagraph (b) of subsection 1.
3. A person who has had his records sealed in thisState or any other state and whose official documentation of the restoration ofhis civil rights is lost, damaged or destroyed may file a written request witha court of competent jurisdiction to restore his civil rights pursuant to thissection. Upon verification that the person has had his records sealed, thecourt shall issue an order restoring the person to the civil rights to vote, tohold office and to serve on a jury. A person must not be required to pay a feeto receive such an order.
4. A person who has had his records sealed in thisState or any other state may present official documentation that he has beenrestored to his civil rights or a court order restoring his civil rights asproof that he has been restored to the right to vote, to hold office and toserve as a juror.
(Added to NRS by 1971, 956; A 1981, 1105; 1991, 304;
NRS
1. The person who is the subject of the records thatare sealed pursuant to NRS 176A.265,
2. If a person has been arrested, the charges havebeen dismissed and the records of the arrest have been sealed, the court mayorder the inspection of the records by a prosecuting attorney upon a showingthat as a result of newly discovered evidence, the person has been arrested forthe same or similar offense and that there is sufficient evidence reasonably toconclude that he will stand trial for the offense.
3. The court may, upon the application of aprosecuting attorney or an attorney representing a defendant in a criminalaction, order an inspection of such records for the purpose of obtaininginformation relating to persons who were involved in the incident recorded.
4. This section does not prohibit a court formconsidering a conviction for which records have been sealed pursuant to
(Added to NRS by 1971, 956; A 1981, 1105; 1991, 304;1997, 3160; 2001,1169, 1694;
NRS
1. The State Gaming Control Board and the NevadaGaming Commission and their employees, agents and representatives may inquireinto and inspect any records sealed pursuant to
(a) May form the basis for recommendation, denial orrevocation of those licenses.
(b) Must not form the basis for denial or rejection ofa gaming work permit unless the event or conviction relates to the applicantssuitability or qualifications to hold the work permit.
2. A prosecuting attorney may inquire into and inspectany records sealed pursuant to NRS 179.245or 179.255 if:
(a) The records relate to a violation or allegedviolation of NRS 202.575; and
(b) The person who is the subject of the records hasbeen arrested or issued a citation for violating
3. The Central Repository for Nevada Records ofCriminal History and its employees may inquire into and inspect any recordssealed pursuant to NRS 179.245 or
4. Records which have been sealed pursuant to
5. As used in this section:
(a) Information relating to sexual offenses meansinformation contained in or concerning a record of criminal history, or therecords of criminal history of the United States or another state, relating inany way to a sexual offense.
(b) Sexual offense has the meaning ascribed to it in
(Added to NRS by 1981, 1105; A 1987, 1759; 1997,1674; 2003, 2688,2833;
REWARDS
NRS
1. The Governor shall offer a standing reward of $250for the arrest of:
(a) Each person engaged in the robbery of, or in theattempt to rob, any person upon, or having in charge in whole or in part, anyrailroad 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 theattempt to rob, any person upon any highway in this State.
2. The reward must be paid to the person or personsmaking 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 forStatutory Contingency Account upon approval by the State Board of Examiners.
4. The provisions of this section do not apply to anysheriff, constable, marshal or police officer who makes an arrest in theperformance of the duties of his office in the county where the officer residesor 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
NRS
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. Substantialcompliance with any statutory requirement as to content, or in the absence ofany such requirement, language which reasonably informs the defendant or otherperson to whom such paper is directed of its nature, is sufficient.
2. The use of one of the forms set out in
(Added to NRS by 1967, 1461)
NRS
County of ............................... The State ofNevada, to any sheriff, constable, marshal, policeman, or peace officer in thisState: A complaint, upon oath, has been this day laid before me by A. B. thatthe crime of (designate it) has been committed, and accusing C. D. thereof; youare therefore commanded forthwith to arrest the above-named C. D. and bring himbefore 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 .......
.......................................................................................
(Signatureand official title of magistrate)
(Added to NRS by 1967, 1461; A
NRS
State of Nevada }
}ss.
County of................................................... }
The State of Nevada to the (naming defendant orcorporation):
You are hereby summoned to appear before me at (namingthe place) on (specifying the day and hour), to answer a charge made againstyou upon the complaint of A. B. for (designating the offense generally).
Dated at .............................., this .......day of the month of ........... of the year .......
.......................................................................................
(Signatureand official title of magistrate)
(Added to NRS by 1967, 1462; A
NRS
State of Nevada }
}ss.
County of................................................... }
The State of Nevada, to any peace officer in the Countyof ................. Proof by affidavit having been made before me by (namingevery person whose affidavit has been taken) that (stating the grounds orprobable cause for issuance).
You are hereby commanded to search (naming the personor describing with reasonable particularity the place to be searched) for thefollowing property (describing it with reasonable particularity), making thesearch (in the daytime or at any time, as determined by the magistrate) and ifany such property is found there to seize it, prepare a written inventory ofthe property seized and bring the property before me (or another designatedmagistrate).
Dated at .............................., this .......day of the month of ........... of the year .......
.......................................................................................
(Signatureand official title of magistrate)
(Added to NRS by 1967, 1462; A
NRS
Defendant (naming defendant) hereby moves this court todirect that certain property of which he is the owner, a schedule of which isannexed hereto, and which on (stating date and time), at (describing theplace), was unlawfully seized and taken from him by a peace officer of the Stateof Nevada (name and designation of peace officer, or, if so, state whose truename is unknown to the petitioner), be returned to him and that it besuppressed as evidence against him in any criminal proceeding.
The petitioner further states that the property wasseized against his will and without a search warrant (or other reason why thewarrant is defective or illegal).
.......................................................................................
(Attorneyfor Petitioner)
(Added to NRS by 1967, 1462)
NRS
A warrant having been issued on the ........ day of themonth of ............ of the year ......., by ........................, ajustice 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), uponwhich he has been arrested and duly ordered admitted to bail in the sum of.................. dollars and ordered to appear before the magistrate whoissued the warrant, we, ......................., of ........................,and ........................ (stating their names and place of residence),hereby undertake that the above-named ........................ shall appear andanswer the charge above mentioned, at ............. oclock ...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 (insertname of accused) shall appear and answer the charge above mentioned in whatevercourt and before whatever magistrate it may be prosecuted, or before which hemay be required to appear by law, and shall at all times render himselfamenable to the orders and process of the court and the requirements of thelaw, and if convicted shall appear for judgment and render himself in executionthereof; or if he fail to perform any of these conditions, that we will pay tothe State of Nevada the sum of ............. dollars (inserting the sum inwhich the defendant is admitted to bail).
.......................................................................................
.......................................................................................
(Signaturesof Sureties)
(Added to NRS by 1967, 1463; A
NRS
The within-named A. B., having been brought before meunder this warrant, is committed for examination to the sheriff (or otherappropriate peace officer) of the County of .............................
.......................................................................................
(Signatureand official title of magistrate)
(Added to NRS by 1967, 1463)
NRS
There being no sufficient cause to believe thewithin-named A. B. guilty of the offense within named, I order him to bedischarged.
.......................................................................................
(Signatureand official title of magistrate)
(Added to NRS by 1967, 1463)
NRS
It appearing to me by the within depositions andstatement (if any) that the offense therein named (or any other offenseaccording to the fact, stating generally the nature thereof) has beencommitted, 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 herebycommitted to the sheriff of the County of ........................) or (and Ihave admitted him to bail to answer by the undertaking hereto annexed) or (andthat he be admitted to bail in the sum of ............. dollars, and iscommitted to the sheriff of the County of ........................ until hegive such bail).
...............................................................................................
(Signatureand official title of magistrate)
(Added to NRS by 1967, 1463)
NRS
County of ........................ (as the case maybe).
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 theoffense, and giving as near as may be the time when and the place where thesame was committed), you are commanded to receive him into your custody anddetain him until he is legally discharged.
Dated this ........ day of the month of ............ ofthe year .......
.......................................................................................
(Signaturesand official title of magistrate)
(Added to NRS by 1967, 1464; A
NRS
An order having been made on the ........ day of themonth of ............ of the year ....... by A. B., a justice of the peace of............................... County (or as the case may be), that C. D. beheld 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), herebyundertake that the above-named C. D. shall appear and answer the charge abovementioned, in whatever court it may be prosecuted, and shall at all timesrender himself amenable to the orders and process of the court, and, ifconvicted, 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 theState of Nevada the sum of ............ dollars (inserting the sum in which thedefendant is admitted to bail).
.......................................................................................
.......................................................................................
(Signatureof Sureties)
(Added to NRS by 1967, 1464; A
NRS
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., abovenamed, 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 asfollows: The said A. B., on the ....... day of the month of ........... of theyear ......., or thereabouts, at the County of ..........................,State of Nevada, without authority of law and with malice aforethought, killedRichard Roe, by shooting with a pistol (or with a gun or other weapon,according to the facts).
.......................................................................................
DistrictAttorney
orDistrict Attorney, by Deputy.
(Added to NRS by 1967, 1464; A
NRS
State of Nevada }
}ss.
County of .................................................. }
In the ....................... court. The State ofNevada against A. B., C. D. district attorney within and for the County of........................ in the State aforesaid, in the name and by theauthority 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 anddignity of the State of Nevada.
...............................................................................................
C.D., District Attorney
orC. D., District Attorney, by H. M., Deputy.
(Added to NRS by 1967, 1465; A
NRS
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 (orinformation 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 itgenerally), you are therefore commanded forthwith to arrest the above-named C.D. and bring him before that court to answer the presentment, indictment orinformation; or if the court is not in session that you deliver him into thecustody of the sheriff of the County of ........................ By order ofthe 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
NRS
A presentment having been made (or an indictment havingbeen found or an information having been filed), on the ........ day of themonth of ............ of the year ......., in the District Court of the......................... Judicial District of the State of Nevada, in and forthe County of ........................ (as the case may be), charging A. B.with the crime of (indicating it generally), and he having been duly admittedto bail in the sum of ............. dollars, we, C. D. and E. F. (stating theirplace of residence), hereby undertake that the above-named A. B. shall appearand answer the indictment or information above mentioned in whatever court itmay be prosecuted, and shall at all times render himself amenable to the ordersand processes of the court, and, if convicted, shall appear for judgment andrender himself in execution thereof; or, if he fails to perform either of theseconditions, that we will pay to the State of Nevada the sum of .............dollars (inserting the sum in which the defendant is admitted to bail).
.......................................................................................
.......................................................................................
(Signatureof Sureties)
(Added to NRS by 1967, 1465; A
NRS
The State of Nevada to A. B.: You are commanded toappear before C. D., a justice of the peace of ................ township, in................ County (or, the court of ................, as the case maybe), at (naming the place), on (stating the day and hour), as a witness in acriminal action, prosecuted by the State of Nevada against E. F. Given under myhand 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, adirection to the following effect must be contained in the subpoena: And youare required also to bring with you the following (describing intelligibly thebooks, papers or documents required).)
(Added to NRS by 1967, 1466; A 1987, 124;
NRS
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 onthe ........ day of the month of ............ of the year ........ dulyconvicted in the .................... Judicial District Court of the State ofNevada and in and for the County of ...................., of the crime of(designating it generally); you are therefore commanded forthwith to arrest theabove-named A. B. and bring him before that court for judgment, or if the courthas adjourned, that you deliver him into the custody of the sheriff of theCounty of .................... Given, by order of the court, under my hand withthe 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
NRS
An order having been made on the ........ day of themonth 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 thatcourt 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 belawfully required, upon that (presentment, indictment, information, or appeal,as the case may be), and shall at all times render himself amenable to itsorders and processes, and appear for judgment, and surrender himself inexecution thereof; or, if he fail to perform any of these conditions, that wewill pay to the State of Nevada the sum of $.......... (inserting the sum inwhich the defendant is admitted to bail).
.......................................................................................
.......................................................................................
(Signatureof Sureties)
(Added to NRS by 1967, 1466; A
INTERCEPTION OF WIRE OR ORAL COMMUNICATION
NRS
(Added to NRS by 1973, 1742; A 1989, 658)
NRS
(Added to NRS by 1973, 1742)
NRS
(Added to NRS by 1973, 1742)
NRS
1. Any telephone or telegraph instrument, equipment orfacility, or any component thereof:
(a) Furnished to the subscriber or user by acommunications common carrier in the ordinary course of its business and beingused by the subscriber or user in the ordinary course of its business; or
(b) Being used by a communications common carrier inthe ordinary course of its business, or by an investigative or law enforcementofficer in the ordinary course of his duties.
2. A hearing aid or similar device being used tocorrect subnormal hearing to not better than normal.
(Added to NRS by 1973, 1742)
NRS
(Added to NRS by 1973, 1743)
NRS
(Added to NRS by 1973, 1743)
NRS
(Added to NRS by 1973, 1743)
NRS
(Added to NRS by 1973, 1743)
NRS
(Added to NRS by 1973, 1743)
NRS
(Added to NRS by 1973, 1743)
NRS
(Added to NRS by 1989, 658)
NRS
1. The Attorney General or the district attorney ofany county may apply to a Supreme Court justice or to a district judge in thecounty where the interception is to take place for an order authorizing theinterception of wire or oral communications, and the judge may, in accordancewith NRS 179.470 to
2. A good faith reliance by a public utility on acourt order shall constitute a complete defense to any civil or criminal actionbrought against the public utility on account of any interception made pursuantto the order.
3. As used in this section, sexual offense against achild includes any act upon a child constituting:
(a) Incest pursuant to
(b) Lewdness with a child pursuant to
(c) Sado-masochistic abuse pursuant to
(d) Sexual assault pursuant to
(e) Statutory sexual seduction pursuant to
(f) Open or gross lewdness pursuant to
(g) Luring a child or mentally ill person pursuant to
(Added to NRS by 1973, 1743; A 1975, 1520; 1993, 99;
NRS
1. Any investigative or law enforcement officer who,by any means authorized by NRS 179.410to 179.515, inclusive, or
2. Any person who has received, by any meansauthorized by NRS 179.410 to
3. An otherwise privileged wire or oral communicationintercepted in accordance with, or in violation of, the provisions of
4. When an investigative or law enforcement officerengaged in intercepting wire or oral communications as authorized by
(Added to NRS by 1973, 1743; A 1983, 117; 1989, 658)
NRS
1. Each application for an order authorizing theinterception of a wire or oral communication must be made in writing upon oathor affirmation to a justice of the Supreme Court or district judge and muststate the applicants authority to make such application. Each application mustinclude the following information:
(a) The identity of the investigative or lawenforcement officer making the application, and the officer authorizing theapplication.
(b) A full and complete statement of the facts andcircumstances relied upon by the applicant to justify his belief that an ordershould be issued, including:
(1) Details as to the particular offense that isbeing, has been or is about to be committed.
(2) A particular description of the nature andlocation of the facilities from which or the place where the communication isto be intercepted, the facilities to be used and the means by which suchinterception is to be made.
(3) A particular description of the type ofcommunications sought to be intercepted.
(4) The identity of the person, if known, who iscommitting, has committed or is about to commit an offense and whosecommunications are to be intercepted.
(c) A full and complete statement as to whether or notother investigative procedures have been tried and failed or why theyreasonably appear to be unlikely to succeed if tried or to be too dangerous.
(d) A statement of the period of time for which theinterception is required to be maintained. If the nature of the investigationis such that the authorization for interception should not automaticallyterminate when the described type of communication has been obtained, aparticular description of facts establishing probable cause to believe thatadditional communications of the same type will occur thereafter.
(e) A full and complete statement of the factsconcerning all previous applications known to the person authorizing and makingthe application made to any judge for authorization to intercept wire or oralcommunications involving any of the same persons, facilities or placesspecified in the application, and the action taken by the judge on each suchapplication.
(f) Where the application is for the extension of anorder, a statement setting forth the results thus far obtained from theinterception, or a reasonable explanation of the failure to obtain suchresults.
2. The judge may require the applicant to furnishadditional testimony or documentary evidence under oath or affirmation insupport of the application. Oral testimony must be reduced to writing.
3. Upon such application the judge may enter an exparte order, as requested or as modified, authorizing interception of wire ororal communications within the territorial jurisdiction of the court in whichthe judge is sitting, if the judge determines on the basis of the factssubmitted by the applicant that:
(a) There is probable cause for belief that a person iscommitting, has committed or is about to commit an offense for whichinterception is authorized by NRS 179.460.
(b) There is probable cause for belief that particularcommunications concerning that offense will be obtained through suchinterception.
(c) Normal investigative procedures have been tried andhave failed or reasonably appear to be unlikely to succeed if tried or appearto be too dangerous.
(d) There is probable cause for belief that thefacilities from which, or the place where, the wire or oral communications areto be intercepted are being used or are about to be used by such person inconnection with the commission of such offense or are leased to, listed in thename of, or commonly used by such person.
(Added to NRS by 1973, 1744; A 1983, 118)
NRS
1. Each order authorizing the interception of any wireor oral communication shall specify:
(a) The identity of the person, if known, whosecommunications are to be intercepted.
(b) The nature and location of the place where orcommunication facilities to which authority to intercept is granted, thefacilities to be used and the means by which such interceptions shall be made.
(c) A particular description of the type ofcommunication sought to be intercepted, and a statement of the particularoffense to which it relates.
(d) The identity of the agency authorized to interceptthe communications, and of the person authorizing the application.
(e) The period of time during which such interceptionis authorized, including a statement as to whether or not the interceptionshall automatically terminate when the described communication has been firstobtained.
2. An order authorizing the interception of a wire ororal communication shall, upon request of the applicant, direct that acommunications common carrier, landlord, custodian or other person shallfurnish the applicant forthwith all information, facilities, and technicalassistance necessary to accomplish the interception unobtrusively and with aminimum of interference with the services that such carrier, landlord,custodian, or person is according the person whose communications are to beintercepted. Any communications common carrier, landlord, custodian or other personfurnishing such facilities or technical assistance shall be compensatedtherefor by the applicant at the prevailing rates.
3. No order entered under this section may authorizethe interception of any wire or oral communication for any period longer thanis necessary to achieve the objective of the authorization, and in no eventlonger than 30 days. Extensions of an order may be granted, but only uponapplication for an extension made in accordance with the procedures provided inNRS 179.470. The period of extensionshall be no longer than the authorizing judge deems necessary to achieve thepurposes for which it was granted and in no event for longer than 30 days.Every order and extension thereof shall contain a provision that theauthorization to intercept shall be executed as soon as practicable, shall beconducted in such a way as to minimize the interception of communications nototherwise subject to interception under this statute, and shall terminate uponattainment of the authorized objective, or in any event in 30 days.
(Added to NRS by 1973, 1745)
NRS
(Added to NRS by 1973, 1746)
NRS
(Added to NRS by 1973, 1746)
NRS
1. Applications made and orders granted under thisstatute shall be sealed by the judge. Custody of the applications and ordersshall be placed with whomever the judge orders. Such applications and ordersshall be disclosed only upon a showing of good cause before a judge of a courtof competent jurisdiction and shall not be destroyed except on order of thejudge who issued or denied the order, and in any event shall be kept for 10years.
2. Any violation of the provisions of this section maybe punished as contempt of court.
(Added to NRS by 1973, 1747)
NRS
1. Within a reasonable time but not later than 90 daysafter the termination of the period of an order or any extension thereof, thejudge who issued the order shall cause to be served on the chief of theInvestigation Division of the Department of Public Safety, persons named in theorder and any other parties to intercepted communications, an inventory whichmust include notice of:
(a) The fact of the entry and a copy of the order.
(b) The fact that during the period wire or oralcommunications were or were not intercepted.
Theinventory filed pursuant to this section is confidential and must not be releasedfor inspection unless subpoenaed by a court of competent jurisdiction.
2. The judge, upon receipt of a written request fromany person who was a party to an intercepted communication or from the personsattorney, shall make available to the person or his counsel those portions ofthe intercepted communications which contain his conversation. On an ex parteshowing of good cause to a district judge, the serving of the inventoryrequired by this section may be postponed for such time as the judge mayprovide.
(Added to NRS by 1973, 1747; A 1975, 1520; 1983, 119;1985, 1976; 2001,2572)
NRS
(Added to NRS by 1973, 1747)
NRS
1. Any aggrieved person in any trial, hearing orproceeding in or before any court, department, officer, agency or otherauthority of this State, or a political subdivision thereof, may move tosuppress the contents of any intercepted wire or oral communication, orevidence derived therefrom, on the grounds that:
(a) The communication was unlawfully intercepted.
(b) The order of authorization under which it wasintercepted is insufficient on its face.
(c) The interception was not made in conformity withthe order of authorization.
(d) The period of the order and any extension hadexpired.
2. Such motion shall be made before the trial, hearingor proceeding unless there was no opportunity to make such motion or the personwas not aware of the grounds of the motion. If the motion is granted, thecontents of the intercepted wire or oral communication, or evidence derivedtherefrom, shall be treated as having been obtained in violation of
(Added to NRS by 1973, 1747)
NRS
(Added to NRS by 1973, 1748)
NRS
1. In January of each year, the Attorney General andthe district attorney of each county shall report to the Administrative Officeof the United States Courts the information required to be reported pursuant to18 U.S.C. 2519. A copy of the report must be filed with the InvestigationDivision of the Department of Public Safety. In the case of a joint applicationby the Attorney General and a district attorney both shall make the report.
2. Every justice of the Supreme Court or districtjudge who signs an order authorizing or denying an interception shall, within30 days after the termination of the order or any extension thereof, file withthe Investigation Division of the Department of Public Safety on forms approvedby the Division a report containing the same information required to bereported pursuant to 18 U.S.C. 2519. The report must also indicate whether aparty to an intercepted wire communication had consented to the interception.
3. The willful failure of any officer to report anyinformation known to him which is required to be reported pursuant tosubsection 1 or 2 constitutes malfeasance in office and, in such cases, theSecretary of State shall, when the wrong becomes known to him, institute legalproceedings for the removal of that officer.
4. The Investigation Division of the Department ofPublic Safety shall, on or before April 30 of each year, compile a reportconsisting of a summary and analysis of all reports submitted to the Divisionpursuant to this section during the previous calendar year. The report is apublic record and may be inspected by any person during the regular officehours of the Division.
(Added to NRS by 1973, 1748; A 1975, 1520; 1981,2009; 1983, 120; 1985, 1977;
MISCELLANEOUS PROVISIONS
NRS
1. A supervising peace officer who, with otherofficers, or any peace officer who, alone, is attempting to gain control of asituation in which a person:
(a) Is holding another as a hostage, whether or not thelife of the hostage has been threatened; or
(b) Has committed or is believed to have committed acrime, is barricaded in an area or structure and is resisting arrest throughthe use or threatened use of force,
may directthe public utility which provides telephone service to the area or structure inwhich the hostages are being held or persons are barricaded, or to an areawhich is close to that area or structure, to interrupt the service on, divert,reroute or otherwise make temporary changes in telephone lines to enable thepeace officer making the request to establish communication with the personholding the hostage, or among peace officers, or to deny communication to theperson holding the hostage.
2. Each public utility which provides telephoneservice in this State shall designate an employee and an alternate to supervisein performing the orders of a peace officer who is carrying out the purposes ofthis section.
3. A reliance in good faith by a public utility on theorder of a peace officer pursuant to this section constitutes a completedefense to any civil or criminal action brought against the public utility onaccount of any interruption, diversion, rerouting or change in telephone servicemade in response to the order.
(Added to NRS by 1981, 1561)
NRS
1. District courts of this state may issue ordersauthorizing the use of a pen register or trap and trace device upon theapplication of a district attorney, the Attorney General or their deputies,supported by an affidavit of a peace officer under the circumstances and uponthe conditions prescribed by 18 U.S.C. 3121-3127 as those provisions existedon July 1, 1989.
2. As used in this section, peace officer means:
(a) Sheriffs of counties and metropolitan policedepartments and their deputies;
(b) Investigators, agents, officers and employees ofthe Investigation Division of the Department of Public Safety who have thepowers of peace officers pursuant to paragraph (d) of subsection 1 of
(c) Policemen of cities and towns;
(d) Agents of the State Gaming Control Board who areinvestigating any violation of subsection 2 or 3 of
(e) Special investigators employed by the AttorneyGeneral who have the powers of peace officers pursuant to
(f) Investigators employed by a district attorney whohave the powers of peace officers pursuant to NRS289.170.
3. A public utility that relies, in good faith, uponan order of a district court authorizing the use of a pen register or trap andtrace device is not liable in any civil or criminal action brought against thepublic utility for the use of the pen register or trap and trace device inaccordance with the order of the court.
(Added to NRS by 1989, 1134; A 1991, 969; 1993, 83,2528; 2001, 2573)
NRS
(Added to NRS by 1967, 1461)(Substituted in revisionfor NRS 179.175)
Disclaimer: These codes may not be the most recent version. Nevada may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
