S.B. 86
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SENATE BILL NO. 86–SENATOR SEEVERS GANSERT
PREFILED JANUARY 26, 2023
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions related to crimes. (BDR 14-106)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: Yes.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to crimes; revising the requirements for eligibility
to participate in certain treatment programs for offenders;
revising provisions relating to technical violations of the
conditions of parole or probation; revising requirements
relating to eligibility of probationers for early discharge
from probation; reducing the felony theft threshold; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a court to establish a program for the treatment of 1
alcohol or other substance use disorders, a program for the treatment of mental 2
illness or intellectual disabilities and a program for the treatment of veterans and 3
members of the military to which a court may assign an eligible defendant. (NRS 4
176A.230, 176A.250, 176A.280) Sections 1-3 of this bill make a defendant 5
ineligible for participation in such a program if the offense committed by the 6
defendant was: (1) abuse, neglect or endangerment of a child; or (2) abuse, neglect, 7
exploitation, isolation or abandonment of an older or vulnerable person. 8
Existing law requires the Division of Parole and Probation of the Department of 9
Public Safety to adopt a written system of graduated sanctions for parole and 10
probation officers to use when a probationer commits a technical violation of the 11
conditions of probation. (NRS 176A.510) Section 4 of this bill requires this system 12
to include as a sanction certain terms of imprisonment. 13
Existing law requires the Division to petition the court to recommend the early 14
discharge of a person from probation who, among other requirements: (1) has paid 15
restitution in full or, because of economic hardship, has been unable to make 16
restitution as ordered by the court; and (2) has not been convicted of certain 17
offenses. (NRS 176A.840) Section 5 of this bill removes provisions authorizing the 18
Division to recommend the early discharge of a person from probation who has 19
been unable to make restitution due to economic hardship, thereby prohibiting the 20
Division from petitioning the court to recommend the early discharge of a person 21
who has not paid restitution in full. Section 5 also provides that, to be eligible 22
for early discharge from probation, a person must not have been convicted of: 23
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(1) certain sexual offenses; (2) certain offenses involving a firearm or other 24
dangerous weapon or silencer; (3) residential burglary; or (4) invasion of the home. 25
Section 5 also eliminates an exception for financial hardship from the requirement 26
that a person must have paid restitution in full in order to be eligible for early 27
discharge from probation. 28
Existing law authorizes the State Board of Parole Commissioners to take 29
certain actions if the Board finds that a parolee committed one or more technical 30
violations of the conditions of parole, including temporarily revoking parole 31
supervision and imposing certain terms of imprisonment depending on how many 32
times parole supervision has previously been temporarily revoked. (NRS 213.1519) 33
Section 25 of this bill increases the number of days for which the Board may 34
temporarily revoke parole supervision and impose a term of imprisonment from: (1) 35
thirty days to ninety days for the first temporary parole revocation; and (2) ninety 36
days to one hundred and eighty days for the second temporary parole revocation. 37
Under existing law the Board is authorized to fully revoke parole supervision and 38
impose the remainder of the sentence for a fourth or subsequent revocation. (NRS 39
213.1519) Section 25 instead authorizes the Board to fully revoke parole 40
supervision for a third or subsequent parole revocation. 41
Section 6 of this bill reduces the felony theft threshold from $1,200 to $750. 42
Sections 7-24 and 26-29 of this bill make conforming changes to various theft 43
offenses that use monetary thresholds. 44
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 176A.240 is hereby amended to read as 1
follows: 2
176A.240 1. Except as otherwise provided in subparagraph 3
(1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant 4
who suffers from a substance use disorder or any co-occurring 5
disorder tenders a plea of guilty, guilty but mentally ill or nolo 6
contendere to, or is found guilty or guilty but mentally ill of, any 7
offense for which the suspension of sentence or the granting of 8
probation is not prohibited by statute, the court may: 9
(a) Without entering a judgment of conviction and with the 10
consent of the defendant, suspend or defer further proceedings and 11
place the defendant on probation upon terms and conditions that 12
must include attendance and successful completion of a program 13
established pursuant to NRS 176A.230 if the court determines that 14
the defendant is eligible for participation in such a program; or 15
(b) Enter a judgment of conviction and place the defendant on 16
probation upon terms and conditions that must include attendance 17
and successful completion of a program established pursuant to 18
NRS 176A.230 if the court determines that the defendant is eligible 19
for participation in such a program. 20
2. Except as otherwise provided in subsection 4, a defendant is 21
eligible for participation in a program established pursuant to 22
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NRS 176A.230 if the defendant is diagnosed as having a substance 1
use disorder or any co-occurring disorder: 2
(a) After an in-person clinical assessment by: 3
(1) A counselor who is licensed or certified to make such a 4
diagnosis; or 5
(2) A duly licensed physician qualified by the Board of 6
Medical Examiners to make such a diagnosis; or 7
(b) Pursuant to a substance use assessment. 8
3. A counselor or physician who diagnoses a defendant as 9
having a substance use disorder shall submit a report and 10
recommendation to the court concerning the length and type of 11
treatment required for the defendant. 12
4. [If] A defendant is not eligible for assignment to the 13
program if the offense committed by the defendant is [a] : 14
(a) A category A felony [or a] ; 15
(b) A sexual offense as defined in NRS 179D.097 that is 16
punishable as a category B felony [, the defendant is not eligible for 17
assignment to the program.] ; or 18
(c) A violation of NRS 200.508 or 200.5099. 19
5. Upon violation of a term or condition: 20
(a) The court may enter a judgment of conviction, if applicable, 21
and proceed as provided in the section pursuant to which the 22
defendant was charged. 23
(b) Notwithstanding the provisions of paragraph (e) of 24
subsection 2 of NRS 193.130, the court may order the defendant to 25
the custody of the Department of Corrections if the offense is 26
punishable by imprisonment in the state prison. 27
6. Except as otherwise provided in subsection 8, upon 28
fulfillment of the terms and conditions, the court: 29
(a) Shall discharge the defendant and dismiss the proceedings or 30
set aside the judgment of conviction, as applicable, unless the 31
defendant: 32
(1) Has been previously convicted in this State or in any 33
other jurisdiction of a felony; or 34
(2) Has previously failed to complete a specialty court 35
program; or 36
(b) May discharge the defendant and dismiss the proceedings or 37
set aside the judgment of conviction, as applicable, if the defendant: 38
(1) Has been previously convicted in this State or in any 39
other jurisdiction of a felony; or 40
(2) Has previously failed to complete a specialty court 41
program. 42
7. Discharge and dismissal pursuant to this section is without 43
adjudication of guilt and is not a conviction for purposes of this 44
section or for purposes of employment, civil rights or any statute or 45
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regulation or license or questionnaire or for any other public or 1
private purpose, but is a conviction for the purpose of additional 2
penalties imposed for second or subsequent convictions or the 3
setting of bail. Discharge and dismissal restores the defendant, in the 4
contemplation of the law, to the status occupied before the arrest, 5
indictment or information. The defendant may not be held thereafter 6
under any law to be guilty of perjury or otherwise giving a false 7
statement by reason of failure to recite or acknowledge that arrest, 8
indictment, information or trial in response to an inquiry made of 9
the defendant for any purpose. 10
8. If the defendant was charged with a violation of NRS 11
200.485, 484C.110 or 484C.120, upon fulfillment of the terms and 12
conditions, the district court, justice court or municipal court, as 13
applicable, may conditionally dismiss the charges or set aside the 14
judgment of conviction, as applicable. If a court conditionally 15
dismisses the charges or sets aside the judgment of conviction, the 16
court shall notify the defendant that any conditionally dismissed 17
charge or judgment of conviction that is set aside is a conviction for 18
the purpose of additional penalties imposed for second or 19
subsequent convictions or the setting of bail in a future case, but is 20
not a conviction for purposes of employment, civil rights or any 21
statute or regulation or license or questionnaire or for any other 22
public or private purpose. Conditional dismissal or having a 23
judgment of conviction set aside restores the defendant, in the 24
contemplation of the law, to the status occupied before the arrest, 25
complaint, indictment or information. The defendant may not be 26
held thereafter under any law to be guilty of perjury or otherwise 27
giving a false statement by reason of failure to recite or 28
acknowledge that arrest, complaint, indictment, information or trial 29
in response to an inquiry made of the defendant for any purpose. 30
Sec. 2. NRS 176A.260 is hereby amended to read as follows: 31
176A.260 1. Except as otherwise provided in subparagraph 32
(1) of paragraph (a) of subsection 3 of NRS 176.211, if a defendant 33
who suffers from mental illness or is intellectually disabled tenders 34
a plea of guilty, guilty but mentally ill or nolo contendere to, or is 35
found guilty or guilty but mentally ill of, any offense for which the 36
suspension of sentence or the granting of probation is not prohibited 37
by statute, the court may: 38
(a) Without entering a judgment of conviction and with the 39
consent of the defendant, suspend or defer further proceedings and 40
place the defendant on probation upon terms and conditions that 41
must include attendance and successful completion of a program 42
established pursuant to NRS 176A.250 if the court determines that 43
the defendant is eligible for participation in such a program; or 44
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(b) Enter a judgment of conviction and place the defendant on 1
probation upon terms and conditions that must include attendance 2
and successful completion of a program established pursuant to 3
NRS 176A.250, if the court determines that the defendant is eligible 4
for participation in such a program. 5
2. Except as otherwise provided in subsection 4, a defendant is 6
eligible for participation in a program established pursuant to NRS 7
176A.250 if the defendant is diagnosed as having a mental illness or 8
an intellectual disability: 9
(a) After an in-person clinical assessment by: 10
(1) A counselor who is licensed or certified to make such a 11
diagnosis; or 12
(2) A duly licensed physician qualified by the Board of 13
Medical Examiners to make such a diagnosis; and 14
(b) If the defendant appears to suffer from a mental illness, 15
pursuant to a mental health screening that indicates the presence of a 16
mental illness. 17
3. A counselor or physician who diagnoses a defendant as 18
having a mental illness or intellectual disability shall submit a report 19
and recommendation to the court concerning the length and type of 20
treatment required for the defendant within the maximum probation 21
terms applicable to the offense for which the defendant is convicted. 22
4. [If] A defendant is not eligible for assignment to the 23
program if the offense committed by the defendant is [a] : 24
(a) A category A felony [or a] ; 25
(b) A sexual offense as defined in NRS 179D.097 that is 26
punishable as a category B felony [, the defendant is not eligible for 27
assignment to the program.] ; or 28
(c) A violation of NRS 200.508 or 200.5099. 29
5. Upon violation of a term or condition: 30
(a) The court may enter a judgment of conviction, if applicable, 31
and proceed as provided in the section pursuant to which the 32
defendant was charged. 33
(b) Notwithstanding the provisions of paragraph (e) of 34
subsection 2 of NRS 193.130, the court may order the defendant to 35
the custody of the Department of Corrections if the offense is 36
punishable by imprisonment in the state prison. 37
6. Except as otherwise provided in subsection 8, upon 38
fulfillment of the terms and conditions, the court: 39
(a) Shall discharge the defendant and dismiss the proceedings or 40
set aside the judgment of conviction, as applicable, unless the 41
defendant: 42
(1) Has been previously convicted in this State or in any 43
other jurisdiction of a felony; or 44
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(2) Has previously failed to complete a specialty court 1
program; or 2
(b) May discharge the defendant and dismiss the proceedings or 3
set aside the judgment of conviction, as applicable, if the defendant: 4
(1) Has been previously convicted in this State or in any 5
other jurisdiction of a felony; or 6
(2) Has previously failed to complete a specialty court 7
program. 8
7. Discharge and dismissal pursuant to this section is without 9
adjudication of guilt and is not a conviction for purposes of this 10
section or for purposes of employment, civil rights or any statute or 11
regulation or license or questionnaire or for any other public or 12
private purpose, but is a conviction for the purpose of additional 13
penalties imposed for second or subsequent convictions or the 14
setting of bail. Discharge and dismissal restores the defendant, in the 15
contemplation of the law, to the status occupied before the arrest, 16
indictment or information. The defendant may not be held thereafter 17
under any law to be guilty of perjury or otherwise giving a false 18
statement by reason of failure to recite or acknowledge that arrest, 19
indictment, information or trial in response to an inquiry made of 20
the defendant for any purpose. 21
8. If the defendant was charged with a violation of NRS 22
200.485, 484C.110 or 484C.120, upon fulfillment of the terms and 23
conditions, the district court, justice court or municipal court, as 24
applicable, may conditionally dismiss the charges or set aside the 25
judgment of conviction, as applicable. If a court conditionally 26
dismisses the charges or sets aside the judgment of conviction, the 27
court shall notify the defendant that any conditionally dismissed 28
charge or judgment of conviction that is set aside is a conviction for 29
the purpose of additional penalties imposed for second or 30
subsequent convictions or the setting of bail in a future case, but is 31
not a conviction for purposes of employment, civil rights or any 32
statute or regulation or license or questionnaire or for any other 33
public or private purpose. Conditional dismissal or having a 34
judgment of conviction set aside restores the defendant, in the 35
contemplation of the law, to the status occupied before the arrest, 36
complaint, indictment or information. The defendant may not be 37
held thereafter under any law to be guilty of perjury or otherwise 38
giving a false statement by reason of failure to recite or 39
acknowledge that arrest, complaint, indictment, information or trial 40
in response to an inquiry made of the defendant for any purpose. 41
Sec. 3. NRS 176A.287 is hereby amended to read as follows: 42
176A.287 1. Except as otherwise provided in subsection 2, a 43
defendant is not eligible for assignment to a program of treatment 44
established pursuant to NRS 176A.280 if: 45
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(a) The offense committed by the defendant was [a] : 1
(1) A category A felony [or a] ; 2
(2) A sexual offense as defined in NRS 179D.097 that is 3
punishable as a category B felony; or 4
(3) A violation of NRS 200.508 or 200.5099; or 5
(b) The defendant was discharged or released from the Armed 6
Forces of the United States, a reserve component thereof or the 7
National Guard under dishonorable conditions. 8
2. A defendant described in paragraph (b) of subsection 1 may 9
be assigned to a program of treatment established pursuant to NRS 10
176A.280 if a justice court, municipal court or district court, as 11
applicable, determines that extraordinary circumstances exist which 12
warrant the assignment of the defendant to the program. 13
Sec. 4. NRS 176A.510 is hereby amended to read as follows: 14
176A.510 1. The Division shall adopt a written system of 15
graduated sanctions for parole and probation officers to use when 16
responding to a technical violation of the conditions of probation. 17
The system must: 18
(a) Set forth a menu of presumptive sanctions for the most 19
common violations, including, without limitation, failure to report, 20
willful failure to pay fines and fees, failure to participate in a 21
required program or service, failure to complete community service 22
and failure to refrain from the use of alcohol or controlled 23
substances. 24
(b) Take into account factors such as responsivity factors 25
impacting a person’s ability to successfully complete any conditions 26
of supervision, the severity of the current violation, the person’s 27
previous criminal record, the number and severity of any previous 28
violations and the extent to which graduated sanctions were imposed 29
for previous violations. 30
(c) Include as a sanction a term of imprisonment of not less 31
than 10 days and not more than 30 days. 32
2. The Division shall establish and maintain a program of 33
initial and ongoing training for parole and probation officers 34
regarding the system of graduated sanctions. 35
3. Notwithstanding any rule or law to the contrary, a parole and 36
probation officer shall use graduated sanctions established pursuant 37
to this section when responding to a technical violation. 38
4. A parole and probation officer intending to impose a 39
graduated sanction shall provide the supervised person with notice 40
of the intended sanction. The notice must inform the person of any 41
alleged violation and the date thereof and the graduated sanction to 42
be imposed. 43
5. The failure of a supervised person to comply with a sanction 44
may constitute a technical violation of the conditions of probation. 45
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6. The Division may not seek revocation of probation for a 1
technical violation of the conditions of probation until all graduated 2
sanctions have been exhausted. If the Division determines that all 3
graduated sanctions have been exhausted, the Division shall submit 4
a report to the court or Board outlining the reasons for the 5
recommendation of revocation and the steps taken by the Division 6
to change the supervised person’s behavior while in the community, 7
including, without limitation, any graduated sanctions imposed 8
before recommending revocation. 9
7. As used in this section: 10
(a) “Absconding” has the meaning ascribed to it in 11
NRS 176A.630. 12
(b) “Responsivity factors” has the meaning ascribed to it in 13
NRS 213.107. 14
(c) “Technical violation” means any alleged violation of the 15
conditions of probation that does not constitute absconding and is 16
not the commission of a: 17
(1) New felony or gross misdemeanor; 18
(2) Battery which constitutes domestic violence pursuant to 19
NRS 200.485; 20
(3) Violation of NRS 484C.110 or 484C.120; 21
(4) Crime of violence that is punishable as a misdemeanor; 22
(5) Harassment pursuant to NRS 200.571 or stalking or 23
aggravated stalking pursuant to NRS 200.575; 24
(6) Violation of a temporary or extended order for protection 25
against domestic violence issued pursuant to NRS 33.017 to 33.100, 26
inclusive, a restraining order or injunction that is in the nature of a 27
temporary or extended order for protection against domestic 28
violence issued in an action or proceeding brought pursuant to title 29
11 of NRS, a temporary or extended order for protection against 30
stalking, aggravated stalking or harassment issued pursuant to NRS 31
200.591 or a temporary or extended order for protection against 32
sexual assault pursuant to NRS 200.378; or 33
(7) Violation of a stay away order involving a natural person 34
who is the victim of the crime for which the supervised person is 35
being supervised. 36
The term does not include termination from a specialty court 37
program. 38
Sec. 5. NRS 176A.840 is hereby amended to read as follows: 39
176A.840 1. The Division shall petition the court to 40
recommend the early discharge of a person from probation if the 41
person: 42
(a) Has not violated any condition of probation during the 43
immediately preceding 12 months; 44
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(b) Is current with any fee to defray the costs of his or her 1
supervision charged by the Division pursuant to NRS 213.1076; 2
(c) Has paid restitution in full ; [or, because of economic 3
hardship that is verified by the Division, has been unable to make 4
restitution as ordered by the court;] 5
(d) Has completed any program of substance use treatment or 6
mental health treatment or a specialty court program as mandated by 7
the court or the Division; and 8
(e) Has not been convicted of [a] : 9
(1) A violent or sexual offense as defined in NRS 202.876 10
[or a] ; 11
(2) A sexual offense as defined in NRS 179D.097; 12
(3) A violation of NRS 200.508 [.] , 202.257, 202.265, 13
202.285, 202.350, 202.360 or 205.067; or 14
(4) A violation of NRS 205.060 punishable as a category B 15
felony. 16
2. This section must not be construed to prohibit the court from 17
allowing the early discharge of a person from probation if the person 18
does not meet the requirements set forth in subsection 1. 19
Sec. 6. NRS 205.0835 is hereby amended to read as follows: 20
205.0835 1. Unless a greater penalty is imposed by a specific 21
statute and unless the provisions of NRS 205.08345 apply under the 22
circumstances, a person who commits theft in violation of any 23
provision of NRS 205.0821 to 205.0835, inclusive, shall be 24
punished pursuant to the provisions of this section. 25
2. If the value of the property or services involved in the theft: 26
(a) Is less than [$1,200,] $750, the person who committed the 27
theft is guilty of a misdemeanor. 28
(b) Is [$1,200] $750 or more but less than $5,000, the person 29
who committed the theft is guilty of a category D felony and shall 30
be punished as provided in NRS 193.130. 31
(c) Is $5,000 or more but less than $25,000, the person who 32
committed the theft is guilty of a category C felony and shall be 33
punished as provided in NRS 193.130. 34
(d) Is $25,000 or more but less than $100,000, the person who 35
committed the theft is guilty of a category B felony and shall be 36
punished by imprisonment in the state prison for a minimum term of 37
not less than 1 year and a maximum term of not more than 10 years, 38
and by a fine of not more than $10,000. 39
(e) Is $100,000 or more, the person who committed the theft is 40
guilty of a category B felony and shall be punished by imprisonment 41
in the state prison for a minimum term of not less than 1 year and a 42
maximum term of not more than 20 years, and by a fine of not more 43
than $15,000. 44
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3. In addition to any other penalty, the court shall order the 1
person who committed the theft to pay restitution. 2
Sec. 7. NRS 205.130 is hereby amended to read as follows: 3
205.130 1. Except as otherwise provided in this subsection 4
and subsections 2 and 3, a person who willfully, with an intent to 5
defraud, draws or passes a check or draft to obtain: 6
(a) Money; 7
(b) Delivery of other valuable property; 8
(c) Services; 9
(d) The use of property; or 10
(e) Credit extended by any licensed gaming establishment, 11
drawn upon any real or fictitious person, bank, firm, partnership, 12
corporation or depositary, when the person has insufficient money, 13
property or credit with the drawee of the instrument to pay it in full 14
upon its presentation, is guilty of a misdemeanor. If that instrument, 15
or a series of instruments passed in the State during a period of 90 16
days, is in the amount of [$1,200] $750 or more, the person is guilty 17
of a category D felony and shall be punished as provided in NRS 18
193.130. In addition to any other penalty, the court shall order the 19
person to pay restitution. 20
2. A person who was previously convicted three times of a 21
misdemeanor under the provisions of this section, or of an offense 22
of a similar nature, in this State or any other state, or in a federal 23
jurisdiction, who violates this section is guilty of a category D 24
felony and shall be punished as provided in NRS 193.130. In 25
addition to any other penalty, the court shall order the person to pay 26
restitution. 27
3. A person who willfully issues any check or draft for the 28
payment of wages in excess of [$1,200,] $750, when the person 29
knows he or she has insufficient money or credit with the drawee of 30
the instrument to pay the instrument in full upon presentation is 31
guilty of a gross misdemeanor. 32
4. For the purposes of this section, “credit” means an 33
arrangement or understanding with a person, firm, corporation, bank 34
or depositary for the payment of a check or other instrument. 35
Sec. 8. NRS 205.134 is hereby amended to read as follows: 36
205.134 1. A notice in boldface type which is clearly legible 37
and is in substantially the following form must be posted in a 38
conspicuous place in every principal and branch office of every 39
bank and in every place of business in which retail selling is 40
conducted: 41
42
The issuance of a check or draft without sufficient money 43
or with intent to defraud is punishable by imprisonment in the 44
county jail for not more than 6 months, or by a fine of not 45
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more than $1,000, or by both fine and imprisonment, and the 1
issuance of such a check or draft in an amount of [$1,200] 2
$750 or more or by a person who previously has been 3
convicted three times of this or a similar offense is punishable 4
as a category D felony as provided in NRS 193.130. 5
6
2. Failure of the owner, operator or manager of a bank or other 7
place of business to post the sign required by this section is not a 8
defense to charge of a violation of NRS 205.130. 9
Sec. 9. NRS 205.220 is hereby amended to read as follows: 10
205.220 Except as otherwise provided in NRS 205.226 and 11
205.228, a person commits grand larceny if the person: 12
1. Intentionally steals, takes and carries away, leads away or 13
drives away: 14
(a) Personal goods or property, with a value of [$1,200] $750 or 15
more, owned by another person; 16
(b) Bedding, furniture or other property, with a value of 17
[$1,200] $750 or more, which the person, as a lodger, is to use in or 18
with his or her lodging and which is owned by another person; or 19
(c) Real property, with a value of [$1,200] $750 or more, that 20
the person has converted into personal property by severing it from 21
real property owned by another person. 22
2. Uses a card or other device for automatically withdrawing or 23
transferring money in a financial institution to obtain intentionally 24
money to which the person knows he or she is not entitled. 25
3. Intentionally steals, takes and carries away, leads away, 26
drives away or entices away: 27
(a) One or more head of livestock owned by another person; or 28
(b) One or more domesticated animals or domesticated birds, 29
with an aggregate value of [$1,200] $750 or more, owned by 30
another person. 31
4. With the intent to defraud, steal, appropriate or prevent 32
identification: 33
(a) Marks or brands, causes to be marked or branded, alters or 34
defaces a mark or brand, or causes to be altered or defaced a mark or 35
brand upon one or more head of livestock owned by another person; 36
(b) Sells or purchases the hide or carcass of one or more head of 37
livestock owned by another person that has had a mark or brand cut 38
out or obliterated; 39
(c) Kills one or more head of livestock owned by another person 40
but running at large, whether or not the livestock is marked or 41
branded; or 42
(d) Kills one or more domesticated animals or domesticated 43
birds, with an aggregate value of [$1,200] $750 or more, owned by 44
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another person but running at large, whether or not the animals or 1
birds are marked or branded. 2
Sec. 10. NRS 205.240 is hereby amended to read as follows: 3
205.240 1. Except as otherwise provided in NRS 205.220, 4
205.226, 205.228, 475.105 and 501.3765, a person commits petit 5
larceny if the person: 6
(a) Intentionally steals, takes and carries away, leads away or 7
drives away: 8
(1) Personal goods or property, with a value of less than 9
[$1,200,] $750, owned by another person; 10
(2) Bedding, furniture or other property, with a value of less 11
than [$1,200,] $750, which the person, as a lodger, is to use in or 12
with his or her lodging and which is owned by another person; or 13
(3) Real property, with a value of less than [$1,200,] $750, 14
that the person has converted into personal property by severing it 15
from real property owned by another person. 16
(b) Intentionally steals, takes and carries away, leads away, 17
drives away or entices away one or more domesticated animals or 18
domesticated birds, with an aggregate value of less than [$1,200,] 19
$750, owned by another person. 20
2. Unless a greater penalty is provided pursuant to NRS 21
205.267, a person who commits petit larceny is guilty of a 22
misdemeanor. In addition to any other penalty, the court shall order 23
the person to pay restitution. 24
Sec. 11. NRS 205.267 is hereby amended to read as follows: 25
205.267 1. A person who intentionally steals, takes and 26
carries away scrap metal or utility property with a value of less than 27
[$1,200] $750 within a period of 90 days is guilty of a 28
misdemeanor. 29
2. A person who intentionally steals, takes and carries away 30
scrap metal or utility property with a value of [$1,200] $750 or more 31
within a period of 90 days is guilty of: 32
(a) If the value of the scrap metal or utility property taken is 33
[$1,200] $750 or more but less than $5,000, a category D felony and 34
shall be punished as provided in NRS 193.130. 35
(b) If the value of the scrap metal or utility property taken is 36
$5,000 or more but less than $25,000, a category C felony and shall 37
be punished as provided in NRS 193.130. 38
(c) If the value of the scrap metal or utility property taken is 39
$25,000 or more but less than $100,000, a category B felony and 40
shall be punished by imprisonment in the state prison for a 41
minimum term of not less than 1 year and a maximum term of not 42
more than 10 years, and by a fine of not more than $10,000. 43
(d) If the value of the scrap metal or utility property taken is 44
$100,000 or more, a category B felony and shall be punished by 45
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imprisonment in the state prison for a minimum term of not less 1
than 1 year and a maximum term of not more than 20 years, and by 2
a fine of not more than $15,000. 3
3. In addition to any other penalty, the court shall order a 4
person who violates the provisions of subsection 1 or 2 to pay 5
restitution and: 6
(a) For a first offense, to perform 100 hours of community 7
service. 8
(b) For a second offense, to perform 200 hours of community 9
service. 10
(c) For a third or subsequent offense, to perform up to 300 hours 11
of community service for up to 1 year, as determined by the court. 12
4. In determining the value of the scrap metal or utility 13
property taken, the cost of repairing and, if necessary, replacing any 14
property damaged by the theft of the scrap metal or utility property 15
must be added to the value of the property. 16
5. As used in this section: 17
(a) “Scrap metal” has the meaning ascribed to it in 18
NRS 647.017. 19
(b) “Utility property” has the meaning ascribed to it in 20
NRS 202.582. 21
Sec. 12. NRS 205.275 is hereby amended to read as follows: 22
205.275 1. Except as otherwise provided in NRS 501.3765, a 23
person commits an offense involving stolen property if the person, 24
for his or her own gain or to prevent the owner from again 25
possessing the owner’s property, buys, receives, possesses or 26
withholds property: 27
(a) Knowing that it is stolen property; or 28
(b) Under such circumstances as should have caused a 29
reasonable person to know that it is stolen property. 30
2. A person who commits an offense involving stolen property 31
in violation of subsection 1: 32
(a) If the value of the property is less than [$1,200,] $750, is 33
guilty of a misdemeanor; 34
(b) If the value of the property is [$1,200] $750 or more but less 35
than $5,000, is guilty of a category D felony and shall be punished 36
as provided in NRS 193.130; 37
(c) If the value of the property is $5,000 or more but less than 38
$25,000, is guilty of a category C felony and shall be punished as 39
provided in NRS 193.130; 40
(d) If the value of the property is $25,000 or more but less than 41
$100,000 or if the property is a firearm, is guilty of a category B 42
felony and shall be punished by imprisonment in the state prison for 43
a minimum term of not less than 1 year and a maximum term of not 44
more than 10 years, and by a fine of not more than $10,000; or 45
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(e) If the value of the property is $100,000 or more, is guilty of a 1
category B felony and shall be punished by imprisonment in the 2
state prison for a minimum term of not less than 1 year and a 3
maximum term of not more than 20 years, and by a fine of not more 4
than $15,000. 5
3. In addition to any other penalty, the court shall order the 6
person to pay restitution. 7
4. A person may be prosecuted and convicted pursuant to this 8
section whether or not the principal is or has been prosecuted or 9
convicted. 10
5. Possession by any person of three or more items of the same 11
or a similar class or type of personal property on which a 12
permanently affixed manufacturer’s serial number or manufacturer’s 13
identification number has been removed, altered or defaced, is prima 14
facie evidence that the person has violated this section. 15
6. For the purposes of this section, the value of the property 16
involved shall be deemed to be the highest value attributable to the 17
property by any reasonable standard. 18
7. As used in this section, “stolen property” means property 19
that has been taken from its owner by larceny, robbery, burglary, 20
embezzlement, theft or any other offense that is a crime against 21
property, whether or not the person who committed the taking is or 22
has been prosecuted or convicted for the offense. 23
Sec. 13. NRS 205.365 is hereby amended to read as follows: 24
205.365 A person, after once selling, bartering or disposing of 25
any tract of land, town lot, or executing any bond or agreement for 26
the sale of any land or town lot, who again, knowingly and 27
fraudulently, sells, barters or disposes of the same tract of land or 28
lot, or any part thereof, or knowingly and fraudulently executes any 29
bond or agreement to sell, barter or dispose of the same land or lot, 30
or any part thereof, to any other person, for a valuable consideration, 31
shall be punished: 32
1. Where the value of the property involved is [$1,200] $750 or 33
more, for a category D felony as provided in NRS 193.130. In 34
addition to any other penalty, the court shall order the person to pay 35
restitution. 36
2. Where the value of the property is less than [$1,200,] $750, 37
for a misdemeanor. 38
Sec. 14. NRS 205.370 is hereby amended to read as follows: 39
205.370 A person who, by false representations of his or her 40
own wealth, or mercantile correspondence and connections, obtains 41
a credit thereby and defrauds any person of money, goods, chattels 42
or any valuable thing, or if a person causes or procures another to 43
report falsely of his or her wealth or mercantile character, and by 44
thus imposing upon any person obtains credit and thereby 45
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fraudulently gets into the possession of goods, wares or 1
merchandise, or other valuable thing, is a swindler, and must be 2
sentenced to return the property fraudulently obtained, if it can be 3
done, or to pay restitution and shall be punished: 4
1. Where the amount of money or the value of the chattels, 5
goods, wares or merchandise, or other valuable thing so obtained is 6
[$1,200] $750 or more, for a category D felony as provided in 7
NRS 193.130. 8
2. Otherwise, for a misdemeanor. 9
Sec. 15. NRS 205.377 is hereby amended to read as follows: 10
205.377 1. A person shall not, in the course of an enterprise 11
or occupation, knowingly and with the intent to defraud, engage in 12
an act, practice or course of business or employ a device, scheme or 13
artifice which operates or would operate as a fraud or deceit upon a 14
person by means of a false representation or omission of a material 15
fact that: 16
(a) The person knows to be false or omitted; 17
(b) The person intends another to rely on; and 18
(c) Results in a loss to any person who relied on the false 19
representation or omission, 20
in at least two transactions that have the same or similar pattern, 21
intents, results, accomplices, victims or methods of commission, or 22
are otherwise interrelated by distinguishing characteristics and are 23
not isolated incidents within 4 years and in which the aggregate loss 24
or intended loss is more than [$1,200.] $750. 25
2. Each act which violates subsection 1 constitutes a separate 26
offense. 27
3. A person who violates subsection 1 is guilty of a category B 28
felony and shall be punished by imprisonment in the state prison for 29
a minimum term of not less than 1 year and a maximum term of not 30
more than 20 years, and may be further punished by a fine of not 31
more than $10,000. 32
4. In addition to any other penalty, the court shall order a 33
person who violates subsection 1 to pay restitution. 34
5. A violation of this section constitutes a deceptive trade 35
practice for the purposes of NRS 598.0903 to 598.0999, inclusive. 36
6. As used in this section, “enterprise” has the meaning 37
ascribed to it in NRS 207.380. 38
Sec. 16. NRS 205.380 is hereby amended to read as follows: 39
205.380 1. A person who knowingly and designedly by any 40
false pretense obtains from any other person any chose in action, 41
money, goods, wares, chattels, effects or other valuable thing, 42
including rent or the labor of another person not his or her 43
employee, with the intent to cheat or defraud the other person, is a 44
cheat, and, unless otherwise prescribed by law, shall be punished: 45
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(a) If the value of the thing or labor fraudulently obtained was 1
less than [$1,200,] $750, for a misdemeanor, and must be sentenced 2
to restore the property fraudulently obtained if it can be done, or 3
tender payment for rent or labor. 4
(b) If the value of the thing or labor fraudulently obtained was 5
[$1,200] $750 or more but less than $5,000, for a category D felony 6
as provided in NRS 193.130. 7
(c) If the value of the thing or labor fraudulently obtained was 8
$5,000 or more but less than $25,000, for a category C felony as 9
provided in NRS 193.130. 10
(d) If the value of the thing or labor fraudulently obtained was 11
$25,000 or more but less than $100,000, for a category B felony by 12
imprisonment in the state prison for a minimum term of not less 13
than 1 year and a maximum term of not more than 10 years, and by 14
a fine of not more than $10,000. 15
(e) If the value of the thing or labor fraudulently obtained was 16
$100,000 or more, for a category B felony by imprisonment in the 17
state prison for a minimum term of not less than 1 year and a 18
maximum term of not more than 20 years, and by a fine of not more 19
than $15,000. 20
2. In addition to any other penalty set forth in paragraph (b), 21
(c), (d) or (e) of subsection 1, the court shall order the person to pay 22
restitution. 23
3. For the purposes of this section, it is prima facie evidence of 24
an intent to defraud if the drawer of a check or other instrument 25
given in payment for: 26
(a) Property which can be returned in the same condition in 27
which it was originally received; 28
(b) Rent; or 29
(c) Labor performed in a workmanlike manner whenever a 30
written estimate was furnished before the labor was performed and 31
the actual cost of the labor does not exceed the estimate, 32
stops payment on that instrument and fails to return or offer to 33
return the property in that condition, or to specify in what way the 34
labor was deficient within 5 days after receiving notice from the 35
payee that the instrument has not been paid by the drawee. 36
4. The notice must be sent to the drawer by certified mail, 37
return receipt requested, at the address shown on the instrument. 38
The notice must include a statement of the penalties set forth in this 39
section. Return of the notice because of nondelivery to the drawer 40
raises a rebuttable presumption of the intent to defraud. 41
5. A notice in boldface type clearly legible and in substantially 42
the following form must be posted in a conspicuous place in every 43
principal and branch office of every bank and in every place of 44
business in which retail selling is conducted or labor is performed 45
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for the public and must be furnished in written form by a landlord to 1
a tenant: 2
3
The stopping of payment on a check or other instrument 4
given in payment for property which can be returned in the 5
same condition in which it was originally received, rent or 6
labor which was completed in a workmanlike manner, and the 7
failure to return or offer to return the property in that 8
condition or to specify in what way the labor was deficient 9
within 5 days after receiving notice of nonpayment is 10
punishable: 11
1. If the value of the property, rent or labor fraudulently 12
obtained was less than [$1,200,] $750, as a misdemeanor by 13
imprisonment in the county jail for not more than 6 months, 14
or by a fine of not more than $1,000, or by both fine and 15
imprisonment. 16
2. If the value of the property, rent or labor fraudulently 17
obtained was [$1,200] $750 or more but less than $5,000, as a 18
category D felony by imprisonment in the state prison for a 19
minimum term of not less than 1 year and a maximum term of 20
not more than 4 years, or by a fine of not more than $5,000, 21
or by both fine and imprisonment. 22
3. If the value of the property, rent or labor fraudulently 23
obtained was $5,000 or more but less than $25,000, as a 24
category C felony by imprisonment in the state prison for a 25
minimum term of not less than 1 year and a maximum term of 26
not more than 5 years, or by a fine of not more than $10,000, 27
or by both fine and imprisonment. 28
4. If the value of the property, rent or labor fraudulently 29
obtained was $25,000 or more but less than $100,000, as a 30
category B felony by imprisonment in the state prison for a 31
minimum term of not less than 1 year and a maximum term of 32
not more than 10 years, and by a fine of not more than 33
$10,000. 34
5. If the value of the property, rent or labor fraudulently 35
obtained was $100,000 or more, as a category B felony by 36
imprisonment in the state prison for a minimum term of not 37
less than 1 year and a maximum term of not more than 20 38
years, and by a fine of not more than $15,000. 39
Sec. 17. NRS 205.415 is hereby amended to read as follows: 40
205.415 A person who sells one or more tickets to any ball, 41
benefit or entertainment, or asks or receives any subscription or 42
promise thereof, for the benefit or pretended benefit of any person, 43
association or order, without being authorized thereto by the person, 44
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association or order for whose benefit or pretended benefit it is 1
done, shall be punished: 2
1. Where the amount received from such sales, subscriptions or 3
promises totals [$1,200] $750 or more, for a category D felony as 4
provided in NRS 193.130. In addition to any other penalty, the court 5
shall order the person to pay restitution. 6
2. Otherwise, for a misdemeanor. 7
Sec. 18. NRS 205.445 is hereby amended to read as follows: 8
205.445 1. It is unlawful for a person: 9
(a) To obtain food, foodstuffs, lodging, merchandise or other 10
accommodations at any hotel, inn, trailer park, motor court, 11
boardinghouse, rooming house, lodging house, furnished apartment 12
house, furnished bungalow court, furnished automobile camp, eating 13
house, restaurant, grocery store, market or dairy, without paying 14
therefor, with the intent to defraud the proprietor or manager 15
thereof; 16
(b) To obtain credit at a hotel, inn, trailer park, motor court, 17
boardinghouse, rooming house, lodging house, furnished apartment 18
house, furnished bungalow court, furnished automobile camp, eating 19
house, restaurant, grocery store, market or dairy by the use of any 20
false pretense; or 21
(c) After obtaining credit, food, lodging, merchandise or other 22
accommodations at a hotel, inn, trailer park, motor court, 23
boardinghouse, rooming house, lodging house, furnished apartment 24
house, furnished bungalow court, furnished automobile camp, eating 25
house, restaurant, grocery store, market or dairy, to abscond or 26
surreptitiously, or by force, menace or threats, to remove any part of 27
his or her baggage therefrom, without paying for the food or 28
accommodations. 29
2. A person who violates any of the provisions of subsection 1 30
shall be punished: 31
(a) Where the total value of the credit, food, foodstuffs, lodging, 32
merchandise or other accommodations received from any one 33
establishment is [$1,200] $750 or more, for a category D felony as 34
provided in NRS 193.130. In addition to any other penalty, the court 35
shall order the person to pay restitution. 36
(b) Otherwise, for a misdemeanor. 37
3. Proof that lodging, food, foodstuffs, merchandise or other 38
accommodations were obtained by false pretense, or by false or 39
fictitious show or pretense of any baggage or other property, or that 40
the person refused or willfully neglected to pay for the food, 41
foodstuffs, lodging, merchandise or other accommodations, or that 42
the person gave in payment for the food, foodstuffs, lodging, 43
merchandise or other accommodations negotiable paper on which 44
payment was refused, or that the person absconded without paying 45
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or offering to pay for the food, foodstuffs, lodging, merchandise or 1
other accommodations, or that the person surreptitiously removed or 2
attempted to remove his or her baggage, is prima facie evidence of 3
the fraudulent intent mentioned in this section. 4
4. This section does not apply where there has been an 5
agreement in writing for delay in payment for a period to exceed 10 6
days. 7
Sec. 19. NRS 205.520 is hereby amended to read as follows: 8
205.520 A bailee, or any officer, agent or servant of a bailee, 9
who issues or aids in issuing a document of title, knowing that the 10
goods covered by the document of title have not been received by 11
him or her, or are not under his or her control at the time the 12
document is issued, shall be punished: 13
1. Where the value of the goods purported to be covered by the 14
document of title is [$1,200] $750 or more, for a category D felony 15
as provided in NRS 193.130. In addition to any other penalty, the 16
court shall order the person to pay restitution. 17
2. Where the value is less than [$1,200,] $750, for a 18
misdemeanor. 19
Sec. 20. NRS 205.540 is hereby amended to read as follows: 20
205.540 Except as otherwise provided in chapter 104 of NRS, 21
a bailee, or any officer, agent or servant of a bailee, who issues or 22
aids in issuing a duplicate or additional negotiable document of title, 23
knowing that a former negotiable document for the same goods or 24
any part of them is outstanding and uncancelled, shall be punished: 25
1. Where the value of the goods purported to be covered by the 26
document of title is [$1,200] $750 or more, for a category D felony 27
as provided in NRS 193.130. In addition to any other penalty, the 28
court shall order the person to pay restitution. 29
2. Where the value is less than [$1,200,] $750, for a 30
misdemeanor. 31
Sec. 21. NRS 205.570 is hereby amended to read as follows: 32
205.570 A person who, with the intent to defraud, obtains a 33
negotiable document of title for goods to which the person does not 34
have title, or which are subject to a security interest, and negotiates 35
the document for value, without disclosing the want of title or the 36
existence of the security interest, shall be punished: 37
1. Where the value of the goods purported to be covered by the 38
document of title is [$1,200] $750 or more, for a category D felony 39
as provided in NRS 193.130. In addition to any other penalty, the 40
court shall order the person to pay restitution. 41
2. Where the value is less than [$1,200,] $750, for a 42
misdemeanor. 43
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Sec. 22. NRS 205.580 is hereby amended to read as follows: 1
205.580 A person who, with the intent to defraud, secures the 2
issue by a bailee of a negotiable document of title, knowing at 3
the time of issue that any or all of the goods are not in possession of 4
the bailee, by inducing the bailee to believe that the goods are in the 5
bailee’s possession, shall be punished: 6
1. Where the value of the goods purported to be covered by the 7
document of title is [$1,200] $750 or more, for a category D felony 8
as provided in NRS 193.130. In addition to any other penalty, the 9
court shall order the person to pay restitution. 10
2. Where the value is less than [$1,200,] $750, for a 11
misdemeanor. 12
Sec. 23. NRS 205.590 is hereby amended to read as follows: 13
205.590 A person who, with the intent to defraud, negotiates or 14
transfers for value a document of title, which by the terms thereof 15
represents that goods are in possession of the bailee who issued the 16
document, knowing that the bailee is not in possession of the goods 17
or any part thereof, without disclosing this fact, shall be punished: 18
1. Where the value of the goods purported to be covered by the 19
document of title is [$1,200] $750 or more, for a category D felony 20
as provided in NRS 193.130. In addition to any other penalty, the 21
court shall order the person to pay restitution. 22
2. Where the value is less than [$1,200,] $750, for a 23
misdemeanor. 24
Sec. 24. NRS 205.950 is hereby amended to read as follows: 25
205.950 1. It is unlawful for a person to receive an advance 26
fee, salary, deposit or money to obtain a loan for another unless the 27
person places the advance fee, salary, deposit or money in escrow 28
pending completion of the loan or a commitment for the loan. 29
2. Advance payments to cover reasonably estimated costs paid 30
to third persons are excluded from the provisions of subsection 1 if 31
the person making them first signs a written agreement which 32
specifies the estimated costs by item and the estimated aggregate 33
cost, and which recites that money advanced for costs will not be 34
refunded. If an itemized service is not performed and the estimated 35
cost thereof is not refunded, the recipient of the advance payment is 36
subject to the penalties provided in subsection 3. 37
3. A person who violates the provisions of this section: 38
(a) Is guilty of a misdemeanor if the amount is less than 39
[$1,200;] $750; or 40
(b) Is guilty of a category D felony if the amount is [$1,200] 41
$750 or more and shall be punished as provided in NRS 193.130. 42
Sec. 25. NRS 213.1519 is hereby amended to read as follows: 43
213.1519 1. Except as otherwise provided in subsections 2 44
and 3, a parolee whose parole is revoked by decision of the Board 45
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for the commission of a new felony or gross misdemeanor, battery 1
which constitutes domestic violence pursuant to NRS 200.485, 2
violation of NRS 484C.110 or 484C.120, crime of violence as 3
defined in NRS 200.408 that is punishable as a misdemeanor, 4
harassment pursuant to NRS 200.571, stalking or aggravated 5
stalking pursuant to NRS 200.575, violation of a stay away order 6
involving a natural person who is the victim of the crime for which 7
the parolee is being supervised, violation of a temporary or extended 8
order for protection against domestic violence issued pursuant to 9
NRS 33.017 to 33.100, inclusive, a restraining order or injunction 10
that is in the nature of a temporary or extended order for protection 11
against domestic violence issued in an action or proceeding brought 12
pursuant to title 11 of NRS, a temporary or extended order for 13
protection against stalking, aggravated stalking or harassment issued 14
pursuant to NRS 200.591 or a temporary or extended order for 15
protection against sexual assault pursuant to NRS 200.378 or for 16
absconding: 17
(a) Forfeits all credits for good behavior previously earned to 18
reduce his or her sentence pursuant to chapter 209 of NRS; and 19
(b) Must serve such part of the unexpired maximum term or the 20
maximum aggregate term, as applicable, of his or her original 21
sentence as may be determined by the Board with rehearing dates 22
scheduled pursuant to NRS 213.142. 23
The Board may restore any credits forfeited under this 24
subsection. 25
2. A parolee released on parole pursuant to subsection 1 of 26
NRS 213.1215 whose parole is revoked for having been convicted 27
of a new felony: 28
(a) Forfeits all credits for good behavior previously earned to 29
reduce his or her sentence pursuant to chapter 209 of NRS; 30
(b) Must serve the entire unexpired maximum term or the 31
maximum aggregate term, as applicable, of his or her original 32
sentence; and 33
(c) May not again be released on parole during his or her term of 34
imprisonment. 35
3. A parolee released on parole pursuant to subsection 2 of 36
NRS 213.1215 whose parole is revoked by decision of the Board for 37
a violation of any rule or regulation governing his or her conduct: 38
(a) Forfeits all credits for good behavior previously earned to 39
reduce his or her sentence pursuant to chapter 209 of NRS; 40
(b) Must serve such part of the unexpired maximum term or 41
maximum aggregate term, as applicable, of his or her original 42
sentence as may be determined by the Board; and 43
(c) Must not be considered again for release on parole pursuant 44
to subsection 2 of NRS 213.1215 but may be considered for release 45
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on parole pursuant to NRS 213.1099, with rehearing dates scheduled 1
pursuant to NRS 213.142. 2
The Board may restore any credits forfeited under this 3
subsection. 4
4. If the Board finds that the parolee committed one or more 5
technical violations of the conditions of parole, the Board may: 6
(a) Continue parole supervision; 7
(b) Temporarily revoke parole supervision and impose a term of 8
imprisonment of not more than: 9
(1) [Thirty] Ninety days for the first temporary parole 10
revocation; or 11
(2) [Ninety] One hundred and eighty days for the second 12
temporary parole revocation; or 13
[(3) One hundred and eighty days for the third temporary 14
parole revocation; or] 15
(c) Fully revoke parole supervision and impose the remainder of 16
the sentence for a [fourth] third or subsequent revocation. 17
5. As used in this section: 18
(a) “Absconding” has the meaning ascribed to it in 19
NRS 176A.630. 20
(b) “Technical violation” means any alleged violation of the 21
conditions of parole that does not constitute absconding and is not 22
the commission of a: 23
(1) New felony or gross misdemeanor; 24
(2) Battery which constitutes domestic violence pursuant to 25
NRS 200.485; 26
(3) Violation of NRS 484C.110 or 484C.120; 27
(4) Crime of violence as defined in NRS 200.408 that is 28
punishable as a misdemeanor; 29
(5) Harassment pursuant to NRS 200.571 or stalking or 30
aggravated stalking pursuant to NRS 200.575; 31
(6) Violation of a temporary or extended order for protection 32
against domestic violence issued pursuant to NRS 33.017 to 33.100, 33
inclusive, a restraining order or injunction that is in the nature of a 34
temporary or extended order for protection against domestic 35
violence issued in an action or proceeding brought pursuant to title 36
11 of NRS, a temporary or extended order for protection against 37
stalking, aggravated stalking or harassment issued pursuant to NRS 38
200.591 or a temporary or extended order for protection against 39
sexual assault pursuant to NRS 200.378; or 40
(7) Violation of a stay away order involving a natural person 41
who is the victim of the crime for which the parolee is being 42
supervised. 43
The term does not include termination from a specialty court 44
program. 45
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Sec. 26. NRS 475.105 is hereby amended to read as follows: 1
475.105 A person who steals a device intended for use in 2
preventing, controlling, extinguishing or giving warning of a fire: 3
1. If the device has a value of less than [$1,200,] $750, is guilty 4
of a misdemeanor. 5
2. If the device has a value of [$1,200] $750 or more, is guilty 6
of a category D felony and shall be punished as provided in 7
NRS 193.130. 8
Sec. 27. NRS 501.3765 is hereby amended to read as follows: 9
501.3765 1. Any person who intentionally steals, takes and 10
carries away one or more traps, snares or similar devices owned by 11
another person with an aggregate value of less than [$1,200] $750 is 12
guilty of a gross misdemeanor. 13
2. Any person who buys, receives, possesses or withholds one 14
or more traps, snares or similar devices owned by another person 15
with an aggregate value of less than [$1,200:] $750: 16
(a) Knowing that the traps, snares or similar devices are stolen 17
property; or 18
(b) Under such circumstances as should have caused a 19
reasonable person to know that the traps, snares or similar devices 20
are stolen property, 21
is guilty of a gross misdemeanor. 22
Sec. 28. NRS 598.0999 is hereby amended to read as follows: 23
598.0999 1. Except as otherwise provided in NRS 598.0974, 24
a person who violates a court order or injunction issued pursuant to 25
the provisions of NRS 598.0903 to 598.0999, inclusive, upon a 26
complaint brought by the Commissioner, the Director, the district 27
attorney of any county of this State or the Attorney General shall 28
forfeit and pay to the State General Fund a civil penalty of not more 29
than $10,000 for each violation. For the purpose of this section, the 30
court issuing the order or injunction retains jurisdiction over the 31
action or proceeding. Such civil penalties are in addition to any 32
other penalty or remedy available for the enforcement of the 33
provisions of NRS 598.0903 to 598.0999, inclusive. 34
2. Except as otherwise provided in NRS 598.0974, in any 35
action brought pursuant to the provisions of NRS 598.0903 to 36
598.0999, inclusive, if the court finds that a person has willfully 37
engaged in a deceptive trade practice, the Commissioner, the 38
Director, the district attorney of any county in this State or the 39
Attorney General bringing the action may recover a civil penalty not 40
to exceed $5,000 for each violation. The court in any such action 41
may, in addition to any other relief or reimbursement, award 42
reasonable attorney’s fees and costs. 43
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3. A natural person, firm, or any officer or managing agent of 1
any corporation or association who knowingly and willfully engages 2
in a deceptive trade practice: 3
(a) For an offense involving a loss of property or services valued 4
at [$1,200] $750 or more but less than $5,000, is guilty of a category 5
D felony and shall be punished as provided in NRS 193.130. 6
(b) For an offense involving a loss of property or services 7
valued at $5,000 or more but less than $25,000, is guilty of a 8
category C felony and shall be punished as provided in 9
NRS 193.130. 10
(c) For an offense involving a loss of property or services valued 11
at $25,000 or more but less than $100,000, is guilty of a category B 12
felony and shall be punished by imprisonment in the state prison for 13
a minimum term of not less than 1 year and a maximum term of not 14
more than 10 years, and by a fine of not more than $10,000. 15
(d) For an offense involving a loss of property or services 16
valued at $100,000 or more, is guilty of a category B felony and 17
shall be punished by imprisonment in the state prison for a 18
minimum term of not less than 1 year and a maximum term of not 19
more than 20 years, and by a fine of not more than $15,000. 20
(e) For any offense other than an offense described in 21
paragraphs (a) to (d), inclusive, is guilty of a misdemeanor. 22
The court may require the natural person, firm, or officer or 23
managing agent of the corporation or association to pay to the 24
aggrieved party damages on all profits derived from the knowing 25
and willful engagement in a deceptive trade practice and treble 26
damages on all damages suffered by reason of the deceptive trade 27
practice. 28
4. If a person violates any provision of NRS 598.0903 to 29
598.0999, inclusive, 598.100 to 598.2801, inclusive, 598.405 30
to 598.525, inclusive, 598.741 to 598.787, inclusive, 598.840 to 31
598.966, inclusive, or 598.9701 to 598.9718, inclusive, fails 32
to comply with a judgment or order of any court in this State 33
concerning a violation of such a provision, or fails to comply with 34
an assurance of discontinuance or other agreement concerning an 35
alleged violation of such a provision, the Commissioner or the 36
district attorney of any county may bring an action in the name of 37
the State of Nevada seeking: 38
(a) The suspension of the person’s privilege to conduct business 39
within this State; or 40
(b) If the defendant is a corporation, dissolution of the 41
corporation. 42
The court may grant or deny the relief sought or may order other 43
appropriate relief. 44
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5. If a person violates any provision of NRS 228.500 to 1
228.640, inclusive, fails to comply with a judgment or order of any 2
court in this State concerning a violation of such a provision, or fails 3
to comply with an assurance of discontinuance or other agreement 4
concerning an alleged violation of such a provision, the Attorney 5
General may bring an action in the name of the State of Nevada 6
seeking: 7
(a) The suspension of the person’s privilege to conduct business 8
within this State; or 9
(b) If the defendant is a corporation, dissolution of the 10
corporation. 11
The court may grant or deny the relief sought or may order other 12
appropriate relief. 13
6. In an action brought by the Commissioner or the Attorney 14
General pursuant to subsection 4 or 5, process may be served by an 15
employee of the Consumer Affairs Unit of the Department of 16
Business and Industry or an employee of the Attorney General. 17
7. As used in this section: 18
(a) “Property” has the meaning ascribed to it in NRS 193.0225. 19
(b) “Services” has the meaning ascribed to it in NRS 205.0829. 20
(c) “Value” means the fair market value of the property or 21
services at the time the deceptive trade practice occurred. The value 22
of a written instrument which does not have a readily ascertainable 23
market value is the greater of the face amount of the instrument less 24
the portion satisfied or the amount of economic loss to the owner of 25
the instrument resulting from the deprivation of the instrument. The 26
trier of fact shall determine the value of all other property whose 27
value is not readily ascertainable, and may, in making that 28
determination, consider all relevant evidence, including evidence of 29
the value of the property to its owner. 30
Sec. 29. NRS 612.445 is hereby amended to read as follows: 31
612.445 1. A person shall not make a false statement or 32
representation, knowing it to be false, or knowingly fail to disclose a 33
material fact in order to obtain or increase any benefit or other 34
payment under this chapter, including, without limitation, by: 35
(a) Failing to properly report earnings; 36
(b) Filing a claim for benefits using the social security number, 37
name or other personal identifying information of another person; or 38
(c) Filing a claim for or receiving benefits and failing to 39
disclose, at the time he or she files the claim or receives the benefits, 40
any compensation for a temporary total disability or a temporary 41
partial disability or money for rehabilitative services pursuant to 42
chapters 616A to 616D, inclusive, or 617 of NRS received by the 43
person or for which a claim has been submitted pursuant to those 44
chapters. 45
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A person who violates the provisions of this subsection commits 1
unemployment insurance fraud. 2
2. When the Administrator finds that a person has committed 3
unemployment insurance fraud pursuant to subsection 1, the person 4
shall repay to the Administrator for deposit in the Fund a sum equal 5
to all of the benefits received by or paid to the person for each week 6
with respect to which the false statement or representation was made 7
or to which the person failed to disclose a material fact in addition to 8
any interest, penalties and costs related to that sum. Except as 9
otherwise provided in subsection 3 of NRS 612.480, the 10
Administrator may make an initial determination finding that a 11
person has committed unemployment insurance fraud pursuant to 12
subsection 1 at any time within 4 years after the first day of the 13
benefit year in which the person committed the unemployment 14
insurance fraud. 15
3. Except as otherwise provided in this subsection and 16
subsection 8, the person is disqualified from receiving 17
unemployment compensation benefits under this chapter: 18
(a) For a period beginning with the week in which the 19
Administrator issues a finding that the person has committed 20
unemployment insurance fraud pursuant to subsection 1 and ending 21
not more than 52 consecutive weeks after the week in which it is 22
determined that a claim was filed in violation of subsection 1; or 23
(b) Until the sum described in subsection 2, in addition to any 24
interest, penalties or costs related to that sum, is repaid to the 25
Administrator, 26
whichever is longer. The Administrator shall fix the period of 27
disqualification according to the circumstances in each case. 28
4. It is a violation of subsection 1 for a person to file a claim, 29
or to cause or allow a claim to be filed on his or her behalf, if: 30
(a) The person is incarcerated in the state prison or any county 31
or city jail or detention facility or other correctional facility in this 32
State; and 33
(b) The claim does not expressly disclose his or her 34
incarceration. 35
5. A person who obtains benefits of [$1,200] $750 or more in 36
violation of subsection 1 shall be punished in the same manner as 37
theft pursuant to subsection 2 of NRS 205.0835. 38
6. In addition to the repayment of benefits required pursuant to 39
subsection 2, the Administrator: 40
(a) Shall impose a penalty equal to 15 percent of the total 41
amount of benefits received by the person in violation of subsection 42
1. Money recovered by the Administrator pursuant to this paragraph 43
must be deposited in the Unemployment Trust Fund in accordance 44
with the provisions of NRS 612.590. 45
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(b) May impose a penalty equal to not more than: 1
(1) If the amount of such benefits is greater than $25 but not 2
greater than $1,000, 5 percent; 3
(2) If the amount of such benefits is greater than $1,000 but 4
not greater than $2,500, 10 percent; or 5
(3) If the amount of such benefits is greater than $2,500, 35 6
percent, 7
of the total amount of benefits received by the person in violation 8
of subsection 1 or any other provision of this chapter. Money 9
recovered by the Administrator pursuant to this paragraph must be 10
deposited in the Employment Security Fund in accordance with the 11
provisions of NRS 612.615. 12
7. Except as otherwise provided in subsection 8, a person may 13
not pay benefits as required pursuant to subsection 2 by using 14
benefits which would otherwise be due and payable to the person if 15
he or she was not disqualified. 16
8. The Administrator may waive the period of disqualification 17
prescribed in subsection 3 for good cause shown or if the person 18
adheres to a repayment schedule authorized by the Administrator 19
that is designed to fully repay benefits received from an improper 20
claim, in addition to any related interest, penalties and costs, within 21
18 months. If the Administrator waives the period of 22
disqualification pursuant to this subsection, the person may repay 23
benefits as required pursuant to subsection 2 by using any benefits 24
which are due and payable to the person, except that benefits which 25
are due and payable to the person may not be used to repay any 26
related interest, penalties and costs. 27
9. The Administrator may recover any money required to be 28
paid pursuant to this section in accordance with the provisions of 29
NRS 612.365 and may collect interest on any such money in 30
accordance with the provisions of NRS 612.620. 31
Sec. 30. The amendatory provisions of this act apply to 32
offenses committed on or after October 1, 2023. 33
H