Assembly Bill No. 458–Assemblymen Parks, Chowning, Collins,

Manendo, Gibbons, Lee, Arberry, Freeman, Anderson, Williams, Angle,

Tiffany, Von Tobel, Neighbors and Leslie

CHAPTER........

AN ACT relating to vehicles; authorizing law enforcement agencies to conduct certain

inspections for the purpose of locating stolen vehicles; increasing the penalties for

altering or removing the identification number or mark of a motor vehicle or part of

a motor vehicle; prohibiting the ownership or operation of premises used for certain

acts concerning stolen motor vehicles and parts of motor vehicles; providing

penalties; and providing other matters properly relating thereto.

 

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 481 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. For the purpose of locating stolen vehicles, except as otherwise

provided in subsection 3, an employee of the department or a local law

enforcement agency whose primary responsibility is to conduct

investigations involving the theft of motor vehicles, may inspect:

(a) The identification numbers of a vehicle that is on the highway or

in any garage, repair shop, terminal, parking facility, establishment

where new or used vehicles or equipment for vehicles are sold, leased or

rented, vehicle salvage pool or any other similar establishment, or any

commercial location where agricultural or construction work is being

actively performed; and

(b) The title or registration of a vehicle described in paragraph (a) to

determine the rightful ownership or possession of the vehicle or an

identifiable component part.

2. Whenever possible, a person who conducts an inspection pursuant

to this section shall conduct the inspection during normal business hours

and in such a manner as to minimize any interference with or delay of

the business operations of the establishment where the inspection takes

place.

3. A person may not conduct an inspection pursuant to this section

of a terminal that is privately owned or a parking facility that is privately

owned unless, before conducting the inspection, the person obtains

permission to conduct the inspection from:

(a) The owner of the terminal or parking facility; or

(b) An agent or representative of the owner who has been authorized

by the owner to grant permission to a person seeking to conduct an

inspection pursuant to this section.

4. As used in this section:

(a) "Garage" has the meaning ascribed to it in NRS 487.540

.

(b) "Identifiable component part" means a component of a motor

vehicle that may be distinguished from other similar components by a

serial number or other distinguishing number, sign or mark.

(c) "Local law enforcement agency" means:

(1) The sheriff's office of a county;

(2) A metropolitan police department; or

(3) A police department of an incorporated city.

(d) "Parking facility" means a parking deck, parking garage, parking

structure or paved or unpaved parking lot that members of the public

regularly enter, are reasonably likely to enter, or are invited or permitted

to enter as invitees or licensees.

(e) "Terminal" means a terminal that members of the public regularly

enter, are reasonably likely to enter, or are invited or permitted to enter

as invitees or licensees.

(f) "Vehicle" has the meaning ascribed to it in NRS 482.135.

Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the

provisions set forth as sections 3 and 4 of this act.

Sec. 3. As used in NRS 482.545 to 482.553, inclusive, and section 4

of this act, unless the context otherwise requires, "identification number

or mark" means:

1. The motor number, other distinguishing number or identification

mark of a vehicle required or employed for purposes of registration; or

2. The identification number or other distinguishing number or

identification mark of a vehicle or part of a motor vehicle that was placed

or stamped on that vehicle or part by the manufacturer pursuant to

federal law or regulation.

Sec. 4. 1. Except as otherwise provided in subsections 3 and 4, a

person who knowingly:

(a) Buys with the intent to resell;

(b) Disposes of;

(c) Sells; or

(d) Transfers,

more than one motor vehicle or parts from more than one motor vehicle

that have an identification number or mark that is defaced, destroyed or

altered to misrepresent the identity or to prevent the identification of the

motor vehicles or parts of the motor vehicles, is guilty of a category B

felony and shall be punished by imprisonment in the state prison for a

minimum term of not less than 1 year and a maximum term of not more

than 10 years, and may be further punished by a fine of not more than

$60,000, or by both fine and imprisonment.

2. Except as otherwise provided in subsections 3 and 4, a person who

knowingly possesses with the intent to sell, transfer, import or export

more than one motor vehicle or parts from more than one motor vehicle

that have an identification number or mark that is defaced, destroyed or

altered to misrepresent the identity or prevent the identification of the

motor vehicles or parts of the motor vehicles, is guilty of a category D

felony and shall be punished as provided in NRS 193.130, and may be

further punished by a fine of not more than $30,000.

3. The provisions of this section do not apply to a licensed

automobile wrecker or salvage pool that in the normal, legal course of

business and in good faith, processes a motor vehicle or part of a motor

vehicle by crushing, compacting or using other similar methods to

process the motor vehicle or part if:

(a) The identification number or mark of the motor vehicle or part of

a motor vehicle was not defaced, destroyed or altered before the

processing; or

(b) The motor vehicle or part of a motor vehicle was obtained from a

person described in subsection 4.

4. The provisions of this section do not apply to an owner of or

person authorized to possess a motor vehicle or part of a motor vehicle:

(a) If the motor vehicle or part of a motor vehicle was recovered by a

law enforcement agency after having been stolen; or

(b) If the condition of the identification number or mark of the motor

vehicle or part of the motor vehicle is known to, or has been reported to,

a law enforcement agency.

5. For the purposes of this section:

(a) "Automobile wrecker" means a person who obtains a license

pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.

(b) "Salvage pool" has the meaning ascribed to it in subsection 2 of

NRS 487.400.

Sec. 5. NRS 482.545 is hereby amended to read as follows:

  1. 482.545 It is unlawful for any person to commit any of the following
  1. acts:
  1. 1. To operate, or for the owner thereof knowingly to permit the
  1. operation of, upon a highway any motor vehicle, trailer or semitrailer which
  1. is not registered or which does not have attached thereto and displayed
  1. thereon the number of plate or plates assigned thereto by the department for
  1. the current period of registration or calendar year, subject to the exemption
  1. allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363,
  1. inclusive, 482.385 to 482.3965, inclusive, and 482.420.
  1. 2. To display, cause or permit to be displayed or to have in possession
  1. any certificate of registration, license plate, certificate of ownership or
  1. other document of title knowing it to be fictitious or to have been canceled,
  1. revoked, suspended or altered.
  1. 3. To lend to or knowingly permit the use of by one not entitled thereto
  1. any registration card or plate issued to the person so lending or permitting
  1. the use thereof.
  1. 4. To fail or to refuse to surrender to the department, upon demand,
  1. any registration card or plate which has been suspended, canceled or
  1. revoked as provided in this chapter.
  1. 5. To use a false or fictitious name or address in any application for the
  1. registration of any vehicle or for any renewal or duplicate thereof, or
  2. knowingly to make a false statement or knowingly to conceal a material
  1. fact or otherwise commit a fraud in an application. A violation of this
  1. subsection is a gross misdemeanor.
  1. 6. Knowingly to operate a vehicle which:
  1. (a) Has an altered [vehicle identification number, serial number, motor
  1. number, or other distinguishing number or] identification number or mark ;
  1. [required for registration;] or
  1. (b) Contains a part which has an altered identification number or [other
  1. distinguishing number or identification mark which was placed or stamped
  1. on the part by the manufacturer pursuant to federal law or regulation.]
  1. mark.

Sec. 6. NRS 482.553 is hereby amended to read as follows:

  1. 482.553 1. A person shall not intentionally deface, destroy or alter
  1. the [motor number, other distinguishing number or] identification number
  1. or mark of a vehicle [required or employed for registration purposes or the
  1. identification number or other distinguishing number or identification mark
  1. of a] or part of a motor vehicle [which was placed or stamped on that part
  1. by the manufacturer pursuant to federal law or regulation] without written
  1. authorization from the department, nor shall any person place or stamp any
  1. serial, motor or other number or mark upon a vehicle or the parts thereof
  1. except one assigned thereto by the department.
  1. 2. This section does not prohibit the restoration by an owner of the
  1. original vehicle identification number or mark when the restoration is
  1. authorized by the department, nor prevent any manufacturer from placing
  1. in the ordinary course of business numbers or marks upon new motor
  1. vehicles or new parts thereof.
  1. 3. The department shall assign serial numbers to all homemade
  1. vehicles, and the serial numbers must be placed:
  1. (a) If an open trailer, on the left-hand side of the tongue of the trailer.
  1. (b) If an enclosed vehicle, on the pillar post for the left-hand door hinge,
  1. or if such placement is not appropriate, then on the left-hand side of the fire
  1. wall, under the hood.
  1. 4. Any person who violates [any provisions] a provision of subsection
  1. 1 is guilty of a [gross misdemeanor.] category D felony and shall be
  1. punished as provided in NRS 193.130, and may be further punished by a
  1. fine of not more than $25,000.

Sec. 7. Chapter 205 of NRS is hereby amended by adding thereto a

new section to read as follows:

1. A person who owns or operates a building or other premises shall

not knowingly allow a motor vehicle or part of a motor vehicle that is

illegally obtained by theft, fraud or conspiracy to defraud to be altered,

destroyed, disassembled, reassembled or stored at the building or

premises for the purpose of:

(a) Defacing, destroying or altering the identity of the motor vehicle or

the part of a motor vehicle, including, without limitation, the

identification number, to misrepresent the identity of or prevent the

identification of the motor vehicle or the part; or

(b) Selling or disposing of the motor vehicle or the part of a motor

vehicle.

2. A person who violates the provisions of subsection 1 is guilty of a

category C felony and shall be punished as provided in NRS 193.130,

and may be further punished by a fine of not more than $50,000.

3. As used in this section, "motor vehicle" has the meaning ascribed

to it in NRS 482.075.

Sec. 8. The amendatory provisions of this act do not apply to offenses

that were committed before October 1, 1999.

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