S.B. 361
- *SB361*
SENATE BILL NO. 361–SENATOR HANSEN
MARCH 17, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to criminal procedure.
(BDR 14-341)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
~
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to criminal procedure; defining certain terms,
including the term “tracking warrant”; prohibiting, with
certain exceptions, a governmental entity from obtaining
certain location information except when authorized by a
tracking warrant; establishing provisions relating to the
disclosure, application, issuance and execution of tracking
warrants; establishing provisions relating to the disclosure
and admissibility of location information in certain
circumstances; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes the issuance of a search warrant to search a place or a 1
person for any property: (1) that is stolen or embezzled; (2) that is designed or 2
intended to be used or has been used as the means of committing a criminal 3
offense; or (3) when the property consists of any item or constitutes any evidence 4
which tends to show that a criminal offense has been committed or that a particular 5
person has committed a criminal offense. (NRS 179.035) Section 14 of this bill 6
prohibits, with certain exceptions, a governmental entity from obtaining certain 7
location information of an electronic device or unique identifier without a tracking 8
warrant under certain circumstances. Section 14 prohibits any location information 9
obtained in violation of the provisions of section 14, or evidence derived therefrom, 10
from being admitted in any administrative, civil, criminal or other proceeding in 11
this State except to prove a violation of section 14. 12
Section 15 of this bill authorizes a magistrate to grant a tracking warrant if a 13
complete application is supported by probable cause to believe that: (1) the person 14
who owns or who is using an electronic device or who is using a unique identifier is 15
committing, has committed or is about to commit an offense; and (2) the location 16
information sought to be collected by the tracking warrant will produce evidence of 17
the offense. Section 15 sets forth the requirements for an application for a tracking 18
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warrant and for the extension of a tracking warrant. Section 15 requires the 19
magistrate to whom an application is made or who issues a tracking warrant or 20
extension to seal any such application, warrant or extension and sets forth the 21
circumstances under which such information may be disclosed. 22
Section 16 of this bill sets forth requirements for the contents of a tracking 23
warrant and authorizes the applicant to request that certain provisions be included 24
in the tracking warrant. Section 16 also: (1) establishes certain limitations on the 25
period for which a tracking warrant may authorize the collection of location 26
information; and (2) authorizes the magistrate to extend such periods in certain 27
circumstances. 28
Section 17 prohibits, with certain exceptions, any location information, or 29
evidence derived therefrom, from being received into evidence or otherwise 30
disclosed in court unless a copy of the tracking warrant, its application and any 31
location information collected pursuant to the tracking warrant is transmitted to 32
certain persons not less than 10 days before any trial, hearing or other proceeding. 33
Section 18 of this bill sets forth a procedure by which a person who is 34
aggrieved by an alleged unlawful search and seizure of his or her location 35
information may move a court for the suppression of its use as evidence. 36
Section 19 of this bill requires a magistrate who issued a tracking warrant to 37
serve certain persons with a notice containing certain information not later than 90 38
days after the date of expiration of the period of time, or any extension thereof, for 39
which the tracking warrant authorized the collection of location information. 40
Sections 19 and 20 of this bill make certain information confidential and set forth 41
the circumstances under which such information and documentation may be 42
disclosed. 43
Sections 3-13, of this bill define certain terms, including “tracking warrant,” 44
“location information,” “electronic device” and “unique identifier,” for the 45
purposes of sections 2-19 of this bill. 46
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 179 of NRS is hereby amended by adding 1
thereto the provisions set forth as sections 2 to 19, inclusive, of this 2
act. 3
Sec. 2. As used in sections 2 to 19, inclusive, of this act, 4
unless the context otherwise requires, the words and terms defined 5
in sections 3 to 13, inclusive, of this act have the meanings 6
ascribed to them in those sections. 7
Sec. 3. “Electronic communication service” means a service 8
that provides to users of the service the ability to send or receive 9
radio frequency, wire or electronic communications. 10
Sec. 4. “Electronic communication service provider” means 11
a person who operates an electronic communication service. 12
Sec. 5. “Electronic device” means a device that enables 13
access to or use of an electronic communication service, remote 14
computing service or location information service. 15
Sec. 6. “Governmental entity” means a state or local 16
governmental agency, including, without limitation, a law 17
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enforcement agency or other investigative entity, agency, 1
department, division, bureau, board or commission or person 2
acting or purporting to act for or on behalf of a state or local 3
governmental agency. 4
Sec. 7. “Location information” means information 5
concerning the location of an electronic device or unique 6
identifier that, in whole or in part, is generated or derived from or 7
obtained by the operation of an electronic device or unique 8
identifier. 9
Sec. 8. “Location information service” means the provision 10
of global positioning service or other mapping, locational or 11
directional information service. 12
Sec. 9. “Location information service provider” means a 13
person who operates a location information service. 14
Sec. 10. “Remote computing service” means the provision to 15
the public of computer storage or processing services by means of 16
an electronic communication system. 17
Sec. 11. “Remote computing service provider” means a 18
person who operates a remote computing service. 19
Sec. 12. “Tracking warrant” means a warrant that grants a 20
peace officer access to location information of an electronic device 21
or a unique identifier. 22
Sec. 13. “Unique identifier” means any numeric or 23
alphanumeric string that is associated with a single entity or 24
account within a given electronic communication service. 25
Sec. 14. 1. Except as provided in subsection 2, a 26
governmental entity shall not obtain the location information of 27
an electronic device or unique identifier without a tracking 28
warrant. 29
2. A governmental entity may obtain location information of 30
an electronic device or unique identifier without a tracking 31
warrant in the following circumstances: 32
(a) If the electronic device is reported lost or stolen by the 33
owner or user. 34
(b) To respond to a call or request for emergency services by 35
the owner or user pursuant to NRS 707.630. 36
(c) If the owner or user of the electronic device or the user of a 37
unique identifier gives the governmental entity informed, written 38
consent. 39
(d) With the informed, written consent of the legal guardian or 40
next of kin: 41
(1) If the owner or user of an electronic device or user of a 42
unique identifier is believed to be deceased or reported missing 43
and unable to be contacted; or 44
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(2) If the owner or user of an electronic device or user of a 1
unique identifier is a child who is less than 18 years of age. 2
(e) If a peace officer has probable cause to believe that: 3
(1) There is an emergency situation that poses an 4
immediate threat of death or serious injury to the owner or user of 5
the electronic device or the user of the unique identifier; 6
(2) The location information is necessary to prevent or 7
avoid the immediate threat to the owner or user of the electronic 8
device or the user of the unique identifier; and 9
(3) Exigent circumstances make obtaining a warrant 10
impractical. 11
3. A peace officer who obtains location information without a 12
tracking warrant in the manner described in paragraph (d) of 13
subsection 2 shall, not later than 48 hours after obtaining the 14
location information, apply for a tracking warrant that meets the 15
requirements under section 15 of this act. If the application is 16
denied, any location information, or evidence derived therefrom, is 17
inadmissible in any trial, hearing or other proceeding before any 18
court, department, officer, agency or other authority of this State, 19
or political subdivision thereof, except to prove a violation of this 20
section. 21
4. Any location information obtained in violation of the 22
provisions of this section, or evidence derived therefrom, is 23
inadmissible in any trial, hearing or other proceeding before any 24
court, department, officer, agency or other authority of this State, 25
or political subdivision thereof, except to prove a violation of this 26
section. 27
5. As used in this section, “owner” includes the lessee of an 28
electronic device. The term does not include an electronic 29
communication service provider, location information service 30
provider, remote computing service provider or other commercial 31
or business entity that is the lessor of an electronic device during 32
the term of the lease. 33
Sec. 15. 1. An application for a tracking warrant, or 34
extension thereof, may only be granted: 35
(a) On affidavit or affidavits sworn to before a magistrate that 36
establish the grounds for issuing a tracking warrant; and 37
(b) If the magistrate finds the application is complete and 38
supported by probable cause to believe that: 39
(1) The person who owns or is using an electronic device or 40
who is using a unique identifier is committing, has committed or is 41
about to commit an offense; and 42
(2) The location information of the electronic device or 43
unique identifier will produce evidence of the offense described in 44
subparagraph (1). 45
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2. Each application for a tracking warrant, or extension 1
thereof, must be made in writing upon oath or affirmation and 2
must include: 3
(a) The identity of the peace officer making the application, 4
and the magistrate authorizing the application; 5
(b) A full and complete statement of the facts and 6
circumstances relied upon by the peace officer to justify his or her 7
belief that a tracking warrant should be issued by the magistrate, 8
including, without limitation: 9
(1) Details as to the particular offense that has been, is 10
being or is about to be committed; 11
(2) The identity of the person, if known, committing the 12
offense whose location information is to be obtained; 13
(3) A particular description of the nature of the electronic 14
device or unique identifier for which location information is to be 15
obtained; 16
(4) A statement of the period for which the location 17
information is sought to be collected; and 18
(5) A statement of the objective that collecting location 19
information will achieve. 20
(c) If the application is for the extension of the period specified 21
in the original tracking warrant, a statement setting forth: 22
(1) The results thus far obtained from the collection of 23
location information or a reasonable explanation of the failure to 24
obtain such results; 25
(2) How the granting of the extension will aid in achieving 26
the objective stated in the original application; 27
(3) The identity, if learned or known, of the owner and the 28
user of the electronic device or the user of the unique identifier; 29
and 30
(4) If location information was obtained, the identity of the 31
electronic communication service provider, location information 32
service provider or remote computing service provider from which 33
the location information was obtained. 34
3. The magistrate may require the peace officer making the 35
application to furnish additional testimony or documentary 36
evidence under oath or affirmation in support of the application. 37
Oral testimony must be reduced to writing. 38
4. The magistrate may accept a facsimile or electronic copy of 39
the signature of any person required to give an oath or 40
affirmation, as part of an application submitted pursuant to this 41
section, as an original signature to the application. 42
5. Applications made for and tracking warrants and any 43
extensions thereof issued under this section must be sealed by the 44
magistrate and must not be disclosed except in the following cases: 45
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(a) Upon a showing of good cause before a court of competent 1
jurisdiction. 2
(b) To the extent necessary to execute the tracking warrant. 3
(c) To comply with section 17 or 19 of this act. 4
Sec. 16. 1. Each tracking warrant, or extension thereof, 5
issued pursuant to section 15 of this act must: 6
(a) Specify the identity of the peace officer authorized to 7
collect the location information of the electronic device or unique 8
identifier, and the magistrate authorizing the application; 9
(b) State the grounds or probable cause for its issuance and 10
the name of any person whose affidavit has been taken in support 11
thereof or incorporate by reference the affidavit or statement upon 12
which it is based; 13
(c) Identify the electronic device or unique identifier for which 14
the peace officer identified in paragraph (a) is authorized to 15
collect location information; 16
(d) Specify the period for which the location information is 17
authorized to be collected, including a statement as to whether or 18
not the authorization will automatically terminate when the 19
objective described in the application is achieved; 20
(e) State the identity of the person, if known, whose location 21
information is to be obtained; 22
(f) Designate the magistrate to whom the tracking warrant is to 23
be returned; 24
(g) Direct that the tracking warrant be returned with an 25
inventory of the location information collected not later than 10 26
days after the date of expiration of the period specified in the 27
tracking warrant or any extension thereof, whichever is later; and 28
(h) Contain a provision stating that the authorization to access 29
and collect location data for the period specified in the tracking 30
warrant and any extension thereof will terminate upon 31
achievement of the objective stated in the original application, or 32
in any event in not later than 30 days after issuance. 33
2. A tracking warrant must, upon request of the applicant, 34
direct an electronic communication service provider, location 35
information service provider or remote computing service provider 36
to furnish the peace officer forthwith all information and 37
technical assistance necessary to accomplish the collection of 38
location information unobtrusively and with a minimum of 39
interference with services. Any electronic communication service 40
provider, location information service provider or remote 41
computing service provider or other person furnishing such 42
information or technical assistance must be compensated by the 43
applicant at the prevailing rates. 44
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3. Whenever a tracking warrant is issued, the tracking 1
warrant may require the applicant to make reports to the 2
magistrate who issued the tracking warrant showing what 3
progress has been made toward achievement of the objective stated 4
in the original application and the need for continued collection. 5
Such reports must be made at such intervals as the magistrate may 6
require. 7
4. A tracking warrant must not authorize access and 8
collection of location information for any period longer than is 9
necessary to achieve the objective given in the application for the 10
tracking warrant, and except as otherwise provided in subsection 11
5, in no event more than 30 days. 12
5. Extensions of the period specified in a tracking warrant 13
may be granted only upon application for an extension made in 14
the manner prescribed in section 15 of this act. The period of 15
extension must not be longer than the magistrate who issues the 16
extension deems necessary to achieve the objective for which it 17
was granted and in no event for more than 30 days. 18
Sec. 17. Any location information obtained pursuant to a 19
tracking warrant or evidence derived therefrom must not be 20
received in evidence or otherwise disclosed in any trial, hearing or 21
other proceeding unless each party, not less than 10 days before 22
the date on which the trial, hearing or other proceeding is 23
scheduled to begin, has been furnished with the tracking warrant, 24
the accompanying application, any location information collected 25
pursuant to the tracking warrant and any evidence derived 26
therefrom. The court may waive this requirement if the court finds 27
that: 28
1. It was not practicable to furnish a party with the required 29
information 10 days before the date on which the trial, hearing or 30
other proceeding is scheduled to begin; and 31
2. Any party will not be prejudiced by such a waiver. 32
Sec. 18. 1. Any aggrieved person in any trial, hearing or 33
proceeding in or before any court, department, officer, agency or 34
other authority of this State, or a political subdivision thereof, may 35
move to suppress the contents of any collected location 36
information, or evidence derived therefrom, on the grounds that: 37
(a) The location information was obtained in violation of 38
section 14 of this act or was otherwise unlawfully obtained; 39
(b) The tracking warrant is insufficient on its face; 40
(c) There was not probable cause for believing the existence of 41
the grounds on which the tracking warrant was issued; 42
(d) The collection was not made in conformity with the 43
authorization given by the tracking warrant or was otherwise 44
unlawfully executed; or 45
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(e) The period specified in the order or any extension had 1
expired. 2
2. A judge shall receive evidence on any issue of fact 3
necessary to the decision of a motion filed pursuant to this section. 4
3. A motion made pursuant to this section must be made 5
before the trial, hearing or proceeding unless there was no 6
opportunity to make such a motion or the person was not aware of 7
the grounds of the motion. If the motion is granted, the collected 8
location information, or evidence derived therefrom, must be 9
treated in accordance with section 17 of this act as having been 10
obtained in violation of section 14 of this act. 11
Sec. 19. 1. Within a reasonable time but not later than 90 12
days after the date of expiration of the period specified in a 13
tracking warrant or any extension thereof, whichever is later, the 14
magistrate who issued the tracking warrant shall cause to be 15
served on the person identified in the tracking warrant or any 16
extension thereof, notice of: 17
(a) The fact of the issuance of the tracking warrant or 18
application; 19
(b) The period requested or authorized for the collection of 20
location information; and 21
(c) The fact that during the period location information was or 22
was not collected. 23
2. Except as otherwise provided in NRS 239.0115, the notice 24
given pursuant to this section is confidential and must not be 25
released for inspection unless subpoenaed by a court of competent 26
jurisdiction. 27
Sec. 20. NRS 239.010 is hereby amended to read as follows: 28
239.010 1. Except as otherwise provided in this section and 29
NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.0397, 41.071, 49.095, 30
49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 31
62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 32
80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 33
87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 34
88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 35
116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 36
119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.640, 37
120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 38
127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 39
130.712, 136.050, 159.044, 159A.044, 164.041, 172.075, 172.245, 40
176.01334, 176.01385, 176.015, 176.0625, 176.09129, 176.156, 41
176A.630, 178.39801, 178.4715, 178.5691, 178.5717, 179.495, 42
179A.070, 179A.165, 179D.160, 180.600, 200.3771, 200.3772, 43
200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 44
209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 45
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213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 1
218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 218G.615, 2
224.240, 226.462, 226.796, 228.270, 228.450, 228.495, 228.570, 3
231.069, 231.1285, 231.1473, 232.1369, 233.190, 237.300, 4
239.0105, 239.0113, 239.014, 239B.026, 239B.030, 239B.040, 5
239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 6
239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 7
244.335, 247.540, 247.545, 247.550, 247.560, 250.087, 250.130, 8
250.140, 250.145, 250.150, 268.095, 268.0978, 268.490, 268.910, 9
269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 10
281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 284.4086, 11
286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 12
293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 13
293.906, 293.908, 293.909, 293.910, 293B.135, 293D.510, 331.110, 14
332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 15
338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 16
353A.049, 353A.085, 353A.100, 353C.240, 353D.250, 360.240, 17
360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 18
366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 19
379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 20
387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 21
388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 22
391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 23
392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 24
394.1698, 394.447, 394.460, 394.465, 396.1415, 396.1425, 396.143, 25
396.159, 396.3295, 396.405, 396.525, 396.535, 396.9685, 26
398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 27
414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 28
425.400, 427A.1236, 427A.872, 427A.940, 432.028, 432.205, 29
432B.175, 432B.280, 432B.290, 432B.4018, 432B.407, 432B.430, 30
432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 31
439.4941, 439.4988, 439.5282, 439.840, 439.914, 439A.116, 32
439A.124, 439B.420, 439B.754, 439B.760, 439B.845, 440.170, 33
441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 34
442.774, 445A.665, 445B.570, 445B.7773, 449.209, 449.245, 35
449.4315, 449A.112, 450.140, 450B.188, 450B.805, 453.164, 36
453.720, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 37
459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 38
463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 39
481.091, 481.093, 482.170, 482.368, 482.5536, 483.340, 483.363, 40
483.575, 483.659, 483.800, 484A.469, 484B.830, 484B.833, 41
484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 42
571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 43
598A.420, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 44
604D.500, 604D.600, 612.265, 616B.012, 616B.015, 616B.315, 45
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616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 1
624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 2
628B.760, 629.043, 629.047, 629.069, 630.133, 630.2671, 3
630.2672, 630.2673, 630.2687, 630.30665, 630.336, 630A.327, 4
630A.555, 631.332, 631.368, 632.121, 632.125, 632.3415, 5
632.3423, 632.405, 633.283, 633.301, 633.427, 633.4715, 633.4716, 6
633.4717, 633.524, 634.055, 634.1303, 634.214, 634A.169, 7
634A.185, 634B.730, 635.111, 635.158, 636.262, 636.342, 637.085, 8
637.145, 637B.192, 637B.288, 638.087, 638.089, 639.183, 9
639.2485, 639.570, 640.075, 640.152, 640A.185, 640A.220, 10
640B.405, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 11
640C.760, 640D.135, 640D.190, 640E.225, 640E.340, 641.090, 12
641.221, 641.2215, 641A.191, 641A.217, 641A.262, 641B.170, 13
641B.281, 641B.282, 641C.455, 641C.760, 641D.260, 641D.320, 14
642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 15
645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 16
645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 17
648.033, 648.197, 649.065, 649.067, 652.126, 652.228, 653.900, 18
654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 19
669.285, 669A.310, 670B.680, 671.365, 671.415, 673.450, 673.480, 20
675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 21
678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 22
679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 23
681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 24
687A.060, 687A.115, 687B.404, 687C.010, 688C.230, 688C.480, 25
688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 26
692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 27
696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 28
711.600, and section 19 of this act, sections 35, 38 and 41 of 29
chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, 30
Statutes of Nevada 2013 and unless otherwise declared by law to be 31
confidential, all public books and public records of a governmental 32
entity must be open at all times during office hours to inspection by 33
any person, and may be fully copied or an abstract or memorandum 34
may be prepared from those public books and public records. Any 35
such copies, abstracts or memoranda may be used to supply the 36
general public with copies, abstracts or memoranda of the records or 37
may be used in any other way to the advantage of the governmental 38
entity or of the general public. This section does not supersede or in 39
any manner affect the federal laws governing copyrights or enlarge, 40
diminish or affect in any other manner the rights of a person in any 41
written book or record which is copyrighted pursuant to federal law. 42
2. A governmental entity may not reject a book or record 43
which is copyrighted solely because it is copyrighted. 44
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3. A governmental entity that has legal custody or control of a 1
public book or record shall not deny a request made pursuant to 2
subsection 1 to inspect or copy or receive a copy of a public book or 3
record on the basis that the requested public book or record contains 4
information that is confidential if the governmental entity can 5
redact, delete, conceal or separate, including, without limitation, 6
electronically, the confidential information from the information 7
included in the public book or record that is not otherwise 8
confidential. 9
4. If requested, a governmental entity shall provide a copy of a 10
public record in an electronic format by means of an electronic 11
medium. Nothing in this subsection requires a governmental entity 12
to provide a copy of a public record in an electronic format or by 13
means of an electronic medium if: 14
(a) The public record: 15
(1) Was not created or prepared in an electronic format; and 16
(2) Is not available in an electronic format; or 17
(b) Providing the public record in an electronic format or by 18
means of an electronic medium would: 19
(1) Give access to proprietary software; or 20
(2) Require the production of information that is confidential 21
and that cannot be redacted, deleted, concealed or separated from 22
information that is not otherwise confidential. 23
5. An officer, employee or agent of a governmental entity who 24
has legal custody or control of a public record: 25
(a) Shall not refuse to provide a copy of that public record in the 26
medium that is requested because the officer, employee or agent has 27
already prepared or would prefer to provide the copy in a different 28
medium. 29
(b) Except as otherwise provided in NRS 239.030, shall, upon 30
request, prepare the copy of the public record and shall not require 31
the person who has requested the copy to prepare the copy himself 32
or herself. 33
H