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).

1-1 Section 1. NRS 179.165 is hereby amended to read as follows:

1-2 179.165 1. [A] Except as otherwise provided in subsection 2, a law

1-13 3. The notice must be mailed by certified or registered mail:

2-1 (a) Upon the conviction of the person who committed the offense;

2-2 (b) Upon the decision of the police or district attorney not to pursue or

2-3 prosecute the case; or

2-4 (c) When the case is otherwise terminated.

2-5 [3.] 4. If the property stolen or embezzled is not claimed by the owner

2-6 or the person entitled to possession of the property before the expiration

2-7 of 6 months after the date the notice is mailed or, if no notice is required,

2-8 after the date notice would have been sent if it were required, the

2-9 magistrate or other officer having it in custody shall, except as otherwise

2-10 provided in this subsection, on payment of the necessary expenses incurred

2-11 for its preservation, deliver it to the county treasurer, who shall dispose of

2-12 the property as provided in subsection [4.] 5. If a metropolitan police

2-13 department which is organized pursuant to chapter 280 of NRS has

2-14 custody of the property, the sheriff of the department may deliver it to the

2-15 county treasurer and accept the net proceeds, if any, from the disposition of

2-16 the property pursuant to subsection [4] 5 in lieu of the payment of

2-17 expenses incurred for the property’s preservation.

2-18 [4.] 5. Upon receiving stolen or embezzled property pursuant to this

2-19 section, the county treasurer shall petition the district court for an order

2-20 authorizing him to:

2-21 (a) Conduct an auction for the disposal of salable property;

2-22 (b) Dispose of property not deemed salable by donations to charitable

2-23 organizations or by destruction;

2-24 (c) Destroy property the possession of which is deemed illegal or

2-25 dangerous; or

2-26 (d) Dispose of property not purchased at an auction by donations to

2-27 charitable organizations or by destruction.

2-28 [5.] 6. Records of the property disposed of by sale, destruction or

2-29 donation and an accounting of the cash received by the county treasurer

2-30 from the sales must be filed with the county clerk.

2-31 Sec. 2. NRS 52.385 is hereby amended to read as follows:

2-32 52.385 1. At any time after property of any person other than the one

2-43 request.

3-1 2. In the absence of such a request, the prosecuting attorney may

3-2 authorize the peace officer or law enforcement agency that has custody of

3-3 the property to return the property to its owner or a person who is entitled

3-4 to possession of the property.

3-5 3. If the prosecuting attorney to whom a request for the release of

3-6 property is made determines that the property is required for use as

3-7 evidence in a criminal proceeding, he may deny the request for the release

3-8 of the property.

3-9 4. Photographs of property returned pursuant to the provisions of this

3-10 section are admissible in evidence in lieu of the property in any criminal or

3-11 civil proceeding if they are identified and authenticated in the proceeding

3-12 by:

3-13 (a) The rightful owner of the property or person entitled to possession

3-14 of the property to whom the property was released;

3-15 (b) The peace officer or representative of the law enforcement agency

3-16 who released the property; or

3-17 (c) A credible witness who has personal knowledge of the property,

3-18 in accordance with the provisions of NRS 52.185 to 52.295, inclusive.

3-19 5. Any property subject to the provisions of this section which is not

3-20 returned under the provisions of this section must be disposed of as

3-21 provided in NRS 179.125 to 179.165, inclusive.

3-22 Sec. 3. NRS 646.040 is hereby amended to read as follows:

3-23 646.040 No property received in pledge by a pawnbroker may be