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 thereto a1-2
new section to read as follows:1-3
1. For the purpose of locating stolen vehicles, except as otherwise1-4
provided in subsection 3, an employee of the department or a local law1-5
enforcement agency whose primary responsibility is to conduct1-6
investigations involving the theft of motor vehicles, may inspect:1-7
(a) The identification numbers of a vehicle that is on the highway or1-8
in any garage, repair shop, terminal, parking facility, establishment1-9
where new or used vehicles or equipment for vehicles are sold, leased or1-10
rented, vehicle salvage pool or any other similar establishment, or any1-11
commercial location where agricultural or construction work is being1-12
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 during normal business hours2-6
and in such a manner as to minimize any interference with or delay of2-7
the business operations of the establishment where the inspection takes2-8
place.2-9
3. A person may not conduct an inspection pursuant to this section2-10
of a terminal that is privately owned or a parking facility that is privately2-11
owned unless, before conducting the inspection, the person obtains2-12
permission to conduct the inspection from:2-13
(a) The owner of the terminal or parking facility; or2-14
(b) An agent or representative of the owner who has been authorized2-15
by the owner to grant permission to a person seeking to conduct an2-16
inspection pursuant to this section.2-17
4. As used in this section:2-18
(a) "Garage" has the meaning ascribed to it in NRS 487.540.2-19
(b) "Identifiable component part" means a component of a motor2-20
vehicle that may be distinguished from other similar components by a2-21
serial number or other distinguishing number, sign or mark.2-22
(c) "Local law enforcement agency" means:2-23
(1) The sheriff's office of a county;2-24
(2) A metropolitan police department; or2-25
(3) A police department of an incorporated city.2-26
(d) "Parking facility" means a parking deck, parking garage, parking2-27
structure or paved or unpaved parking lot that members of the public2-28
regularly enter, are reasonably likely to enter, or are invited or permitted2-29
to enter as invitees or licensees.2-30
(e) "Terminal" means a terminal that members of the public regularly2-31
enter, are reasonably likely to enter, or are invited or permitted to enter2-32
as invitees or licensees.2-33
(f) "Vehicle" has the meaning ascribed to it in NRS 482.135.2-34
Sec. 2. Chapter 482 of NRS is hereby amended by adding thereto the2-35
provisions set forth as sections 3 and 4 of this act.2-36
Sec. 3. As used in NRS 482.545 to 482.553, inclusive, and section 42-37
of this act, unless the context otherwise requires, "identification number2-38
or mark" means:2-39
1. The motor number, other distinguishing number or identification2-40
mark of a vehicle required or employed for purposes of registration; or2-41
2. The identification number or other distinguishing number or2-42
identification mark of a vehicle or part of a motor vehicle that was placed3-1
or stamped on that vehicle or part by the manufacturer pursuant to3-2
federal law or regulation.3-3
Sec. 4. 1. Except as otherwise provided in subsections 3 and 4, a3-4
person who knowingly:3-5
(a) Buys with the intent to resell;3-6
(b) Disposes of;3-7
(c) Sells; or3-8
(d) Transfers,3-9
more than one motor vehicle or parts from more than one motor vehicle3-10
that have an identification number or mark that is defaced, destroyed or3-11
altered to misrepresent the identity or to prevent the identification of the3-12
motor vehicles or parts of the motor vehicles, is guilty of a category B3-13
felony and shall be punished by imprisonment in the state prison for a3-14
minimum term of not less than 1 year and a maximum term of not more3-15
than 10 years, and may be further punished by a fine of not more than3-16
$60,000, or by both fine and imprisonment.3-17
2. Except as otherwise provided in subsections 3 and 4, a person who3-18
knowingly possesses with the intent to sell, transfer, import or export3-19
more than one motor vehicle or parts from more than one motor vehicle3-20
that have an identification number or mark that is defaced, destroyed or3-21
altered to misrepresent the identity or prevent the identification of the3-22
motor vehicles or parts of the motor vehicles, is guilty of a category D3-23
felony and shall be punished as provided in NRS 193.130, and may be3-24
further punished by a fine of not more than $30,000.3-25
3. The provisions of this section do not apply to a licensed3-26
automobile wrecker or salvage pool that in the normal, legal course of3-27
business and in good faith, processes a motor vehicle or part of a motor3-28
vehicle by crushing, compacting or using other similar methods to3-29
process the motor vehicle or part if:3-30
(a) The identification number or mark of the motor vehicle or part of3-31
a motor vehicle was not defaced, destroyed or altered before the3-32
processing; or3-33
(b) The motor vehicle or part of a motor vehicle was obtained from a3-34
person described in subsection 4.3-35
4. The provisions of this section do not apply to an owner of or3-36
person authorized to possess a motor vehicle or part of a motor vehicle:3-37
(a) If the motor vehicle or part of a motor vehicle was recovered by a3-38
law enforcement agency after having been stolen; or3-39
(b) If the condition of the identification number or mark of the motor3-40
vehicle or part of the motor vehicle is known to, or has been reported to,3-41
a law enforcement agency.3-42
5. For the purposes of this section:4-1
(a) "Automobile wrecker" means a person who obtains a license4-2
pursuant to NRS 487.050 to dismantle, scrap, process or wreck a vehicle.4-3
(b) "Salvage pool" has the meaning ascribed to it in subsection 2 of4-4
NRS 487.400.4-5
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 following4-7
acts:4-8
1. To operate, or for the owner thereof knowingly to permit the4-9
operation of, upon a highway any motor vehicle, trailer or semitrailer which4-10
is not registered or which does not have attached thereto and displayed4-11
thereon the number of plate or plates assigned thereto by the department for4-12
the current period of registration or calendar year, subject to the exemption4-13
allowed in NRS 482.316 to 482.3175, inclusive, 482.320 to 482.363,4-14
inclusive, 482.385 to 482.3965, inclusive, and 482.420.4-15
2. To display, cause or permit to be displayed or to have in possession4-16
any certificate of registration, license plate, certificate of ownership or4-17
other document of title knowing it to be fictitious or to have been canceled,4-18
revoked, suspended or altered.4-19
3. To lend to or knowingly permit the use of by one not entitled thereto4-20
any registration card or plate issued to the person so lending or permitting4-21
the use thereof.4-22
4. To fail or to refuse to surrender to the department, upon demand,4-23
any registration card or plate which has been suspended, canceled or4-24
revoked as provided in this chapter.4-25
5. To use a false or fictitious name or address in any application for the4-26
registration of any vehicle or for any renewal or duplicate thereof, or4-27
knowingly to make a false statement or knowingly to conceal a material4-28
fact or otherwise commit a fraud in an application. A violation of this4-29
subsection is a gross misdemeanor.4-30
6. Knowingly to operate a vehicle which:4-31
(a) Has an altered4-32
4-33
4-34
(b) Contains a part which has an altered identification number or4-35
4-36
4-37
mark.4-38
Sec. 6. NRS 482.553 is hereby amended to read as follows: 482.553 1. A person shall not intentionally deface, destroy or alter4-40
the4-41
or mark of a vehicle4-42
4-43
5-1
5-2
authorization from the department, nor shall any person place or stamp any5-3
serial, motor or other number or mark upon a vehicle or the parts thereof5-4
except one assigned thereto by the department.5-5
2. This section does not prohibit the restoration by an owner of the5-6
original vehicle identification number or mark when the restoration is5-7
authorized by the department, nor prevent any manufacturer from placing5-8
in the ordinary course of business numbers or marks upon new motor5-9
vehicles or new parts thereof.5-10
3. The department shall assign serial numbers to all homemade5-11
vehicles, and the serial numbers must be placed:5-12
(a) If an open trailer, on the left-hand side of the tongue of the trailer.5-13
(b) If an enclosed vehicle, on the pillar post for the left-hand door hinge,5-14
or if such placement is not appropriate, then on the left-hand side of the fire5-15
wall, under the hood.5-16
4. Any person who violates5-17
1 is guilty of a5-18
punished as provided in NRS 193.130, and may be further punished by a5-19
fine of not more than $25,000.5-20
Sec. 7. Chapter 205 of NRS is hereby amended by adding thereto a5-21
new section to read as follows:5-22
1. A person who owns or operates a building or other premises shall5-23
not knowingly allow a motor vehicle or part of a motor vehicle that is5-24
illegally obtained by theft, fraud or conspiracy to defraud to be altered,5-25
destroyed, disassembled, reassembled or stored at the building or5-26
premises for the purpose of:5-27
(a) Defacing, destroying or altering the identity of the motor vehicle or5-28
the part of a motor vehicle, including, without limitation, the5-29
identification number, to misrepresent the identity of or prevent the5-30
identification of the motor vehicle or the part; or5-31
(b) Selling or disposing of the motor vehicle or the part of a motor5-32
vehicle.5-33
2. A person who violates the provisions of subsection 1 is guilty of a5-34
category C felony and shall be punished as provided in NRS 193.130,5-35
and may be further punished by a fine of not more than $50,000.5-36
3. As used in this section, "motor vehicle" has the meaning ascribed5-37
to it in NRS 482.075.5-38
Sec. 8. The amendatory provisions of this act do not apply to offenses5-39
that were committed before October 1, 1999.~