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
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 200.610 is hereby amended to read as follows: 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 of1-4
any wire or radio communication through the use of:1-5
(a) Any electronic, mechanical or other device or apparatus that can1-6
be used to intercept a wire or radio communication other than:1-7
(1) Any telephone or telegraph instrument, equipment or facility, or1-8
any component thereof:1-9
(I) Furnished to the subscriber or user by a communications1-10
common carrier in the ordinary course of its business and being used by1-11
the subscriber or user in the ordinary course of its business; or1-12
(II) Being used by a communications common carrier in the1-13
ordinary course of its business, or by an investigative or law enforcement1-14
officer in the ordinary course of his duties; or2-1
(2) A hearing aid or similar device being used to correct subnormal2-2
hearing to not better than normal; or2-3
(b) Any sending or receiving equipment.2-4
2. "Person"2-5
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2-7
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3. "Wire communication" means the transmission of writing, signs,2-9
signals, pictures and sounds of all kinds by wire, cable, or other similar2-10
connection between the points of origin and reception of such2-11
transmission, including all facilities and services incidental to such2-12
transmission, which facilities and services include, among other things, the2-13
receipt, forwarding and delivering of communications.2-14
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signs, signals, pictures, and sounds of all kinds by radio or other wireless2-16
methods, including all facilities and services incidental to such2-17
transmission, which facilities and services include, among other things, the2-18
receipt, forwarding and delivering of communications. The term does not2-19
include the transmission of writing, signs, signals, pictures and sounds2-20
broadcast by amateurs or public or municipal agencies of the State of2-21
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: 200.620 1. Except as otherwise provided in NRS 179.410 to2-24
179.515, inclusive, 209.419 and 704.195, it is unlawful for any person to2-25
intercept or attempt to intercept any wire or radio communication unless:2-26
(a) The interception or attempted interception is made with the prior2-27
consent of one of the parties to the communication; and2-28
(b) An emergency situation exists and it is impractical to obtain a court2-29
order as required by NRS 179.410 to 179.515, inclusive, before the2-30
interception, in which event the interception is subject to the requirements2-31
of subsection 3. If the application for ratification is denied, any use or2-32
disclosure of the information so intercepted is unlawful, and the person2-33
who made the interception shall notify the sender and the receiver of the2-34
communication that:2-35
(1) The communication was intercepted; and2-36
(2) Upon application to the court, ratification of the interception was2-37
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 providing2-40
service and facilities for wire or radio communication where the2-41
interception or attempted interception is to construct, maintain, conduct or2-42
operate the service or facilities of that person.3-1
3. Any person who has made an interception in an emergency situation3-2
as provided in paragraph (b) of subsection 1 shall, within 72 hours of the3-3
interception, make a written application to a justice of the supreme court or3-4
district judge for ratification of the interception. The interception must not3-5
be ratified unless the applicant shows that:3-6
(a) An emergency situation existed and it was impractical to obtain a3-7
court order before the interception; and3-8
(b) Except for the absence of a court order, the interception met the3-9
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 in3-12
evidence, of conversations on wire or radio communications installed in3-13
the office of an official law enforcement or fire-fighting agency, or a3-14
public utility, if the equipment used for the recording is installed in a3-15
facility for wire communications or on a telephone with a number listed in3-16
a directory, on which emergency calls or requests by a person for response3-17
by the law enforcement or fire-fighting agency or public utility are likely3-18
to be received. In addition, those sections do not prohibit the recording or3-19
reception in evidence of conversations initiated by the law enforcement or3-20
fire-fighting agency or public utility from such a facility or telephone in3-21
connection with responding to the original call or request, if the agency or3-22
public utility informs the other party that the conversation is being3-23
recorded.3-24
Sec. 3. NRS 179.430 is hereby amended to read as follows: 179.430 "Intercept" means the aural or other acquisition of the3-26
contents of any wire or oral communication through the use of any3-27
electronic, mechanical or other device or of any sending or receiving3-28
equipment.3-29
Sec. 4. The amendatory provisions of this act do not apply to offenses3-30
that were committed before October 1, 1999.~