Assembly Bill No. 496–Assemblymen Giunchigliani, Beers, Arberry, Parks, Williams, Collins, Manendo, Ohrenschall, Price, Bache, Segerblom, Hettrick, Neighbors, Lee, Buckley, Cegavske, Chowning, Thomas, Goldwater, Dini, Carpenter, Gibbons, Berman, de Braga and Mortenson

March 12, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning interception and disclosure of wire, radio or oral communications. (BDR 15-1330)

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 crimes; revising the provisions concerning the interception and disclosure of wire, radio or oral communications; providing a penalty; 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. NRS 200.610 is hereby amended to read as follows:

1-2 200.610 As used in NRS 200.610 to 200.690, inclusive:

1-3 1. "Intercept" means the aural or other acquisition of the contents of

1-4 any wire or radio communication through the use of:

1-5 (a) Any electronic, mechanical or other device or apparatus that can

1-6 be used to intercept a wire or radio communication other than:

1-7 (1) Any telephone or telegraph instrument, equipment or facility, or

1-8 any component thereof:

1-9 (I) Furnished to the subscriber or user by a communications

1-10 common carrier in the ordinary course of its business and being used by

1-11 the subscriber or user in the ordinary course of its business; or

1-12 (II) Being used by a communications common carrier in the

1-13 ordinary course of its business, or by an investigative or law enforcement

1-14 officer in the ordinary course of his duties; or

2-1 (2) A hearing aid or similar device being used to correct subnormal

2-2 hearing to not better than normal; or

2-3 (b) Any sending or receiving equipment.

2-4 2. "Person" [includes public officials and law enforcement officers of

2-5 the state and of a county or municipality or other political subdivision of

2-6 the state.

2-7 2.] has the meaning ascribed to it in NRS 179.445.

2-8 3. "Wire communication" means the transmission of writing, signs,

2-9 signals, pictures and sounds of all kinds by wire, cable, or other similar

2-10 connection between the points of origin and reception of such

2-11 transmission, including all facilities and services incidental to such

2-12 transmission, which facilities and services include, among other things, the

2-13 receipt, forwarding and delivering of communications.

2-14 [3.] 4. "Radio communication" means the transmission of writing,

2-15 signs, signals, pictures, and sounds of all kinds by radio or other wireless

2-16 methods, including all facilities and services incidental to such

2-17 transmission, which facilities and services include, among other things, the

2-18 receipt, forwarding and delivering of communications. The term does not

2-19 include the transmission of writing, signs, signals, pictures and sounds

2-20 broadcast by amateurs or public or municipal agencies of the State of

2-21 Nevada, or by others for the use of the general public.

2-22 Sec. 2. NRS 200.620 is hereby amended to read as follows:

2-23 200.620 1. Except as otherwise provided in NRS 179.410 to

2-24 179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to

2-25 intercept or attempt to intercept any wire or radio communication unless:

2-26 (a) The interception or attempted interception is made with the prior

2-27 consent of one of the parties to the communication; and

2-28 (b) An emergency situation exists and it is impractical to obtain a court

2-29 order as required by NRS 179.410 to 179.515, inclusive, before the

2-30 interception, in which event the interception is subject to the requirements

2-31 of subsection 3. If the application for ratification is denied, any use or

2-32 disclosure of the information so intercepted is unlawful, and the person

2-33 who made the interception shall notify the sender and the receiver of the

2-34 communication that:

2-35 (1) The communication was intercepted; and

2-36 (2) Upon application to the court, ratification of the interception was

2-37 denied.

2-38 2. This section does not apply to any person, or to the officers,

2-39 employees or agents of any person, engaged in the business of providing

2-40 service and facilities for wire or radio communication where the

2-41 interception or attempted interception is to construct, maintain, conduct or

2-42 operate the service or facilities of that person.

3-1 3. Any person who has made an interception in an emergency situation

3-2 as provided in paragraph (b) of subsection 1 shall, within 72 hours of the

3-3 interception, make a written application to a justice of the supreme court or

3-4 district judge for ratification of the interception. The interception must not

3-5 be ratified unless the applicant shows that:

3-6 (a) An emergency situation existed and it was impractical to obtain a

3-7 court order before the interception; and

3-8 (b) Except for the absence of a court order, the interception met the

3-9 requirements of NRS 179.410 to 179.515, inclusive.

3-10 4. NRS 200.610 to 200.690, inclusive, do not prohibit the recording,

3-11 and NRS 179.410 to 179.515, inclusive, do not prohibit the reception in

3-12 evidence, of conversations on wire or radio communications installed in

3-13 the office of an official law enforcement or fire-fighting agency, or a

3-14 public utility, if the equipment used for the recording is installed in a

3-15 facility for wire communications or on a telephone with a number listed in

3-16 a directory, on which emergency calls or requests by a person for response

3-17 by the law enforcement or fire-fighting agency or public utility are likely

3-18 to be received. In addition, those sections do not prohibit the recording or

3-19 reception in evidence of conversations initiated by the law enforcement or

3-20 fire-fighting agency or public utility from such a facility or telephone in

3-21 connection with responding to the original call or request, if the agency or

3-22 public utility informs the other party that the conversation is being

3-23 recorded.

3-24 Sec. 3. NRS 179.430 is hereby amended to read as follows:

3-25 179.430 "Intercept" means the aural or other acquisition of the

3-26 contents of any wire or oral communication through the use of any

3-27 electronic, mechanical or other device or of any sending or receiving

3-28 equipment.

3-29 Sec. 4. The amendatory provisions of this act do not apply to offenses

3-30 that were committed before October 1, 1999.

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