Assembly Bill No. 458–Assemblymen Parks, Chowning, Collins, Manendo, Gibbons, Lee, Arberry, Freeman, Anderson, Williams, Angle, Tiffany, Von Tobel, Neighbors and Leslie
March 10, 1999
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Referred to Committee on Transportation
SUMMARY—Makes various changes relating to crimes involving theft of motor vehicles. (BDR 43-1287)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 481 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. For the purpose of locating stolen vehicles, an employee of the1-4
department or a local law enforcement agency whose primary1-5
responsibility is to conduct investigations involving the theft of motor1-6
vehicles, may inspect:1-7
(a) A vehicle that is on the highway or in any garage, repair shop,1-8
public terminal, public parking lot, establishment where new or used1-9
vehicles or equipment for vehicles are sold, leased or rented, vehicle1-10
salvage pool or any other similar establishment, or any location where1-11
agricultural or construction work is being actively performed; and2-1
(b) The title or registration of a vehicle described in paragraph (a) to2-2
determine the rightful ownership or possession of the vehicle or an2-3
identifiable component part.2-4
2. Whenever possible, a person who conducts an inspection pursuant2-5
to this section shall conduct the inspection at such a time and in such a2-6
manner as to minimize any interference with or delay of the business2-7
operations of the establishment where the inspection takes place.2-8
3. As used in this section:2-9
(a) "Garage" has the meaning ascribed to it in NRS 487.540.2-10
(b) "Identifiable component part" means a component of a motor2-11
vehicle that may be distinguished from other similar components by a2-12
serial number or other distinguishing number, sign or mark.2-13
(c) "Local law enforcement agency" means:2-14
(1) The sheriff's office of a county;2-15
(2) A metropolitan police department; or2-16
(3) A police department of an incorporated city.2-17
(d) "Vehicle" has the meaning ascribed to it in NRS 482.135.2-18
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the2-19
provisions set forth as sections 3 and 4 of this act.2-20
Sec. 3. As used in NRS 482.545 to 482.553, inclusive, and section 42-21
of this act, unless the context otherwise requires, "identification number2-22
or mark" means:2-23
1. The motor number, other distinguishing number or identification2-24
mark of a vehicle required or employed for purposes of registration; or2-25
2. The identification number or other distinguishing number or2-26
identification mark of a vehicle or part of a motor vehicle that was placed2-27
or stamped on that vehicle or part by the manufacturer pursuant to2-28
federal law or regulation.2-29
Sec. 4. 1. Except as otherwise provided in subsections 3 and 4, a2-30
person who knowingly:2-31
(a) Buys with the intent to resell;2-32
(b) Disposes of;2-33
(c) Sells; or2-34
(d) Transfers,2-35
more than one motor vehicle or parts from more than one motor vehicle2-36
that have an identification number or mark that is defaced, destroyed or2-37
altered to misrepresent the identity or to prevent the identification of the2-38
motor vehicles or parts of the motor vehicles, is guilty of a category B2-39
felony and shall be punished by imprisonment in the state prison for a2-40
minimum term of not less than 1 year and a maximum term of not more2-41
than 10 years, and may be further punished by a fine of not more than2-42
$60,000, or by both fine and imprisonment.3-1
2. Except as otherwise provided in subsections 3 and 4, a person who3-2
knowingly possesses with the intent to sell, transfer, import or export3-3
more than one motor vehicle or parts from more than one motor vehicle3-4
that have an identification number or mark that is defaced, destroyed or3-5
altered to misrepresent the identity or prevent the identification of the3-6
motor vehicles or parts of the motor vehicles, is guilty of a category D3-7
felony and shall be punished as provided in NRS 193.130, and may be3-8
further punished by a fine of not more than $30,000.3-9
3. The provisions of this section do not apply to a licensed3-10
automobile wrecker or salvage pool that in the normal, legal course of3-11
business and in good faith, processes a motor vehicle or part of a motor3-12
vehicle by crushing, compacting or using other similar methods to3-13
process the motor vehicle or part if:3-14
(a) The identification number or mark of the motor vehicle or part of3-15
a motor vehicle was not defaced, destroyed or altered before the3-16
processing; or3-17
(b) The motor vehicle or part of a motor vehicle was obtained from a3-18
person described in subsection 4.3-19
4. The provisions of this section do not apply to an owner of or3-20
person authorized to possess a motor vehicle or part of a motor vehicle:3-21
(a) If the motor vehicle or part of a motor vehicle was recovered by a3-22
law enforcement agency after having been stolen; or3-23
(b) If the condition of the identification number or mark of the motor3-24
vehicle or part of the motor vehicle is known to, or has been reported to,3-25
a law enforcement agency.3-26
5. For the purposes of this section:3-27
(a) "Automobile wrecker" means a person who obtains a license3-28
pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.3-29
(b) "Salvage pool" has the meaning ascribed to it in subsection 2 of3-30
NRS 487.400.3-31
Sec. 5. NRS 482.545 is hereby amended to read as follows: 482.545 It is unlawful for any person to commit any of the following3-33
acts:3-34
1. To operate, or for the owner thereof knowingly to permit the3-35
operation of, upon a highway any motor vehicle, trailer or semitrailer3-36
which is not registered or which does not have attached thereto and3-37
displayed thereon the number of plate or plates assigned thereto by the3-38
department for the current period of registration or calendar year, subject3-39
to the exemption allowed in NRS 482.316 to 482.3175, inclusive, 482.3203-40
to 482.363, inclusive, 482.385 to 482.3965, inclusive, and 482.420.4-1
2. To display, cause or permit to be displayed or to have in possession4-2
any certificate of registration, license plate, certificate of ownership or4-3
other document of title knowing it to be fictitious or to have been canceled,4-4
revoked, suspended or altered.4-5
3. To lend to or knowingly permit the use of by one not entitled4-6
thereto any registration card or plate issued to the person so lending or4-7
permitting the use thereof.4-8
4. To fail or to refuse to surrender to the department, upon demand,4-9
any registration card or plate which has been suspended, canceled or4-10
revoked as provided in this chapter.4-11
5. To use a false or fictitious name or address in any application for4-12
the registration of any vehicle or for any renewal or duplicate thereof, or4-13
knowingly to make a false statement or knowingly to conceal a material4-14
fact or otherwise commit a fraud in an application. A violation of this4-15
subsection is a gross misdemeanor.4-16
6. Knowingly to operate a vehicle which:4-17
(a) Has an altered4-18
4-19
;4-20
(b) Contains a part which has an altered identification number or4-21
4-22
4-23
mark.4-24
Sec. 6. NRS 482.553 is hereby amended to read as follows: 482.553 1. A person shall not intentionally deface, destroy or alter4-26
the4-27
or mark of a vehicle4-28
4-29
4-30
4-31
written authorization from the department, nor shall any person place or4-32
stamp any serial, motor or other number or mark upon a vehicle or the4-33
parts thereof except one assigned thereto by the department.4-34
2. This section does not prohibit the restoration by an owner of the4-35
original vehicle identification number or mark when the restoration is4-36
authorized by the department, nor prevent any manufacturer from placing4-37
in the ordinary course of business numbers or marks upon new motor4-38
vehicles or new parts thereof.4-39
3. The department shall assign serial numbers to all homemade4-40
vehicles, and the serial numbers must be placed:4-41
(a) If an open trailer, on the left-hand side of the tongue of the trailer.5-1
(b) If an enclosed vehicle, on the pillar post for the left-hand door5-2
hinge, or if such placement is not appropriate, then on the left-hand side of5-3
the fire wall, under the hood.5-4
4. Any person who violates5-5
1 is guilty of a5-6
punished as provided in NRS 193.130, and may be further punished by a5-7
fine of not more than $25,000.5-8
Sec. 7. Chapter 205 of NRS is hereby amended by adding thereto a5-9
new section to read as follows:5-10
1. A person who owns or operates a building or other premises shall5-11
not knowingly allow a motor vehicle or part of a motor vehicle that is5-12
illegally obtained by theft, fraud or conspiracy to defraud to be altered,5-13
destroyed, disassembled, reassembled or stored at the building or5-14
premises for the purpose of:5-15
(a) Defacing, destroying or altering the identity of the motor vehicle or5-16
the part of a motor vehicle, including, without limitation, the5-17
identification number, to misrepresent the identity of or prevent the5-18
identification of the motor vehicle or the part; or5-19
(b) Selling or disposing of the motor vehicle or the part of a motor5-20
vehicle.5-21
2. A person who violates the provisions of subsection 1 is guilty of a5-22
category C felony and shall be punished as provided in NRS 193.130,5-23
and may be further punished by a fine of not more than $50,000.5-24
3. As used in this section, "motor vehicle" has the meaning ascribed5-25
to it in NRS 482.075.5-26
Sec. 8. The amendatory provisions of this act do not apply to offenses5-27
that were committed before October 1, 1999.~