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 [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

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:

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

1-2 new section to read as follows:

1-3 1. For the purpose of locating stolen vehicles, except as otherwise

1-4 provided in subsection 3, an employee of the department or a local law

1-5 enforcement agency whose primary responsibility is to conduct

1-6 investigations involving the theft of motor vehicles, may inspect:

1-7 (a) The identification numbers of a vehicle that is on the highway or

1-8 in any garage, repair shop, terminal, parking facility, establishment

1-9 where new or used vehicles or equipment for vehicles are sold, leased or

1-10 rented, vehicle salvage pool or any other similar establishment, or any

1-11 commercial location where agricultural or construction work is being

1-12 actively performed; and

2-1 (b) The title or registration of a vehicle described in paragraph (a) to

2-2 determine the rightful ownership or possession of the vehicle or an

2-3 identifiable component part.

2-4 2. Whenever possible, a person who conducts an inspection pursuant

2-5 to this section shall conduct the inspection during normal business hours

2-6 and in such a manner as to minimize any interference with or delay of

2-7 the business operations of the establishment where the inspection takes

2-8 place.

2-9 3. A person may not conduct an inspection pursuant to this section

2-10 of a terminal that is privately owned or a parking facility that is privately

2-11 owned unless, before conducting the inspection, the person obtains

2-12 permission to conduct the inspection from:

2-13 (a) The owner of the terminal or parking facility; or

2-14 (b) An agent or representative of the owner who has been authorized

2-15 by the owner to grant permission to a person seeking to conduct an

2-16 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 motor

2-20 vehicle that may be distinguished from other similar components by a

2-21 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; or

2-25 (3) A police department of an incorporated city.

2-26 (d) "Parking facility" means a parking deck, parking garage, parking

2-27 structure or paved or unpaved parking lot that members of the public

2-28 regularly enter, are reasonably likely to enter, or are invited or permitted

2-29 to enter as invitees or licensees.

2-30 (e) "Terminal" means a terminal that members of the public regularly

2-31 enter, are reasonably likely to enter, or are invited or permitted to enter

2-32 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 the

2-35 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 4

2-37 of this act, unless the context otherwise requires, "identification number

2-38 or mark" means:

2-39 1. The motor number, other distinguishing number or identification

2-40 mark of a vehicle required or employed for purposes of registration; or

2-41 2. The identification number or other distinguishing number or

2-42 identification mark of a vehicle or part of a motor vehicle that was placed

3-1 or stamped on that vehicle or part by the manufacturer pursuant to

3-2 federal law or regulation.

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

3-4 person who knowingly:

3-5 (a) Buys with the intent to resell;

3-6 (b) Disposes of;

3-7 (c) Sells; or

3-8 (d) Transfers,

3-9 more than one motor vehicle or parts from more than one motor vehicle

3-10 that have an identification number or mark that is defaced, destroyed or

3-11 altered to misrepresent the identity or to prevent the identification of the

3-12 motor vehicles or parts of the motor vehicles, is guilty of a category B

3-13 felony and shall be punished by imprisonment in the state prison for a

3-14 minimum term of not less than 1 year and a maximum term of not more

3-15 than 10 years, and may be further punished by a fine of not more than

3-16 $60,000, or by both fine and imprisonment.

3-17 2. Except as otherwise provided in subsections 3 and 4, a person who

3-18 knowingly possesses with the intent to sell, transfer, import or export

3-19 more than one motor vehicle or parts from more than one motor vehicle

3-20 that have an identification number or mark that is defaced, destroyed or

3-21 altered to misrepresent the identity or prevent the identification of the

3-22 motor vehicles or parts of the motor vehicles, is guilty of a category D

3-23 felony and shall be punished as provided in NRS 193.130, and may be

3-24 further punished by a fine of not more than $30,000.

3-25 3. The provisions of this section do not apply to a licensed

3-26 automobile wrecker or salvage pool that in the normal, legal course of

3-27 business and in good faith, processes a motor vehicle or part of a motor

3-28 vehicle by crushing, compacting or using other similar methods to

3-29 process the motor vehicle or part if:

3-30 (a) The identification number or mark of the motor vehicle or part of

3-31 a motor vehicle was not defaced, destroyed or altered before the

3-32 processing; or

3-33 (b) The motor vehicle or part of a motor vehicle was obtained from a

3-34 person described in subsection 4.

3-35 4. The provisions of this section do not apply to an owner of or

3-36 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 a

3-38 law enforcement agency after having been stolen; or

3-39 (b) If the condition of the identification number or mark of the motor

3-40 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 license

4-2 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 of

4-4 NRS 487.400.

4-5 Sec. 5. NRS 482.545 is hereby amended to read as follows:

4-6 482.545 It is unlawful for any person to commit any of the following

4-7 acts:

4-8 1. To operate, or for the owner thereof knowingly to permit the

4-9 operation of, upon a highway any motor vehicle, trailer or semitrailer which

4-10 is not registered or which does not have attached thereto and displayed

4-11 thereon the number of plate or plates assigned thereto by the department for

4-12 the current period of registration or calendar year, subject to the exemption

4-13 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 possession

4-16 any certificate of registration, license plate, certificate of ownership or

4-17 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 thereto

4-20 any registration card or plate issued to the person so lending or permitting

4-21 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 or

4-24 revoked as provided in this chapter.

4-25 5. To use a false or fictitious name or address in any application for the

4-26 registration of any vehicle or for any renewal or duplicate thereof, or

4-27 knowingly to make a false statement or knowingly to conceal a material

4-28 fact or otherwise commit a fraud in an application. A violation of this

4-29 subsection is a gross misdemeanor.

4-30 6. Knowingly to operate a vehicle which:

4-31 (a) Has an altered [vehicle identification number, serial number, motor

4-32 number, or other distinguishing number or] identification number or mark ;

4-33 [required for registration;] or

4-34 (b) Contains a part which has an altered identification number or [other

4-35 distinguishing number or identification mark which was placed or stamped

4-36 on the part by the manufacturer pursuant to federal law or regulation.]

4-37 mark.

4-38 Sec. 6. NRS 482.553 is hereby amended to read as follows:

4-39 482.553 1. A person shall not intentionally deface, destroy or alter

4-40 the [motor number, other distinguishing number or] identification number

4-41 or mark of a vehicle [required or employed for registration purposes or the

4-42 identification number or other distinguishing number or identification mark

4-43 of a] or part of a motor vehicle [which was placed or stamped on that part

5-1 by the manufacturer pursuant to federal law or regulation] without written

5-2 authorization from the department, nor shall any person place or stamp any

5-3 serial, motor or other number or mark upon a vehicle or the parts thereof

5-4 except one assigned thereto by the department.

5-5 2. This section does not prohibit the restoration by an owner of the

5-6 original vehicle identification number or mark when the restoration is

5-7 authorized by the department, nor prevent any manufacturer from placing

5-8 in the ordinary course of business numbers or marks upon new motor

5-9 vehicles or new parts thereof.

5-10 3. The department shall assign serial numbers to all homemade

5-11 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 fire

5-15 wall, under the hood.

5-16 4. Any person who violates [any provisions] a provision of subsection

5-17 1 is guilty of a [gross misdemeanor.] category D felony and shall be

5-18 punished as provided in NRS 193.130, and may be further punished by a

5-19 fine of not more than $25,000.

5-20 Sec. 7. Chapter 205 of NRS is hereby amended by adding thereto a

5-21 new section to read as follows:

5-22 1. A person who owns or operates a building or other premises shall

5-23 not knowingly allow a motor vehicle or part of a motor vehicle that is

5-24 illegally obtained by theft, fraud or conspiracy to defraud to be altered,

5-25 destroyed, disassembled, reassembled or stored at the building or

5-26 premises for the purpose of:

5-27 (a) Defacing, destroying or altering the identity of the motor vehicle or

5-28 the part of a motor vehicle, including, without limitation, the

5-29 identification number, to misrepresent the identity of or prevent the

5-30 identification of the motor vehicle or the part; or

5-31 (b) Selling or disposing of the motor vehicle or the part of a motor

5-32 vehicle.

5-33 2. A person who violates the provisions of subsection 1 is guilty of a

5-34 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 ascribed

5-37 to it in NRS 482.075.

5-38 Sec. 8. The amendatory provisions of this act do not apply to offenses

5-39 that were committed before October 1, 1999.

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