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 subsections 2 and 3,

1-12 location of the property and the method by which the owner may claim it.

2-1 3. If the property that has been stolen or embezzled was obtained

2-2 from a pawnbroker pursuant to section 3 of this act, the law enforcement

2-3 agency shall, in addition to notifying the persons described in subsection

2-4 1 or 2, as appropriate, notify the pawnbroker from whom it was obtained.

2-5 4. The notice must be mailed by certified or registered mail:

2-6 (a) Upon the conviction of the person who committed the offense;

2-7 (b) Upon the decision of the police or district attorney not to pursue or

2-8 prosecute the case; or

2-9 (c) When the case is otherwise terminated.

2-10 [3.] 5. If the property stolen or embezzled is not claimed by the owner

2-11 or the person entitled to possession of the property before the expiration

2-12 of 6 months after the date the notice is mailed or, if no notice is required,

2-13 after the date notice would have been sent if it were required, the magistrate

2-14 or other officer having it in custody shall, except as otherwise provided in

2-15 this subsection, on payment of the necessary expenses incurred for its

2-16 preservation, deliver it to the county treasurer, who shall dispose of the

2-17 property as provided in subsection [4.] 6. If a metropolitan police

2-18 department which is organized pursuant to chapter 280 of NRS has custody

2-19 of the property, the sheriff of the department may deliver it to the county

2-20 treasurer and accept the net proceeds, if any, from the disposition of the

2-21 property pursuant to subsection [4] 6 in lieu of the payment of expenses

2-22 incurred for the property’s preservation.

2-23 [4.] 6. Upon receiving stolen or embezzled property pursuant to this

2-24 section, the county treasurer shall petition the district court for an order

2-25 authorizing him to:

2-26 (a) Conduct an auction for the disposal of salable property;

2-27 (b) Dispose of property not deemed salable by donations to charitable

2-28 organizations or by destruction;

2-29 (c) Destroy property the possession of which is deemed illegal or

2-30 dangerous; or

2-31 (d) Dispose of property not purchased at an auction by donations to

2-32 charitable organizations or by destruction.

2-33 [5.] 7. Records of the property disposed of by sale, destruction or

2-34 donation and an accounting of the cash received by the county treasurer

2-35 from the sales must be filed with the county clerk.

2-36 Sec. 2. NRS 52.385 is hereby amended to read as follows:

2-37 52.385 1. At any time after property of any person other than the one

2-43 require the peace officer or law enforcement agency to take photographs of

3-1 the property. Except as otherwise provided in subsection 3, the peace

3-2 officer or law enforcement agency shall return the property to the person

3-3 submitting the request within a reasonable time after the receipt of the

3-4 request, but in no event later than [120] 180 days after the receipt of the

3-5 request.

3-6 2. In the absence of such a request, the prosecuting attorney may

3-7 authorize the peace officer or law enforcement agency that has custody of

3-8 the property to return the property to its owner or a person who is entitled

3-9 to possession of the property.

3-10 3. If the prosecuting attorney to whom a request for the release of

3-11 property is made determines that the property is required for use as

3-12 evidence in a criminal proceeding, he may deny the request for the release

3-13 of the property.

3-14 4. Photographs of property returned pursuant to the provisions of this

3-15 section are admissible in evidence in lieu of the property in any criminal or

3-16 civil proceeding if they are identified and authenticated in the proceeding

3-17 by:

3-18 (a) The rightful owner of the property or person entitled to possession of

3-19 the property to whom the property was released;

3-20 (b) The peace officer or representative of the law enforcement agency

3-21 who released the property; or

3-22 (c) A credible witness who has personal knowledge of the property,

3-23 in accordance with the provisions of NRS 52.185 to 52.295, inclusive.

3-24 5. Any property subject to the provisions of this section which is not

3-25 returned under the provisions of this section must be disposed of as

3-26 provided in NRS 179.125 to 179.165, inclusive.

3-27 Sec. 3. Chapter 646 of NRS is hereby amended by adding thereto a

3-28 new section to read as follows:

3-29 1. A peace officer who is involved in the investigation or prosecution

3-30 of criminal activity may place a written hold on any property received in

3-31 pledge by a pawnbroker that is related or allegedly related to the criminal

3-32 activity.

3-33 2. While a hold is placed on property pursuant to this section, the

3-34 pawnbroker who received the property in pledge shall not release or

3-35 dispose of the property to any person other than the peace officer who

3-36 placed the hold on the property. A peace officer who placed a hold on

3-37 property may obtain custody of the property from the pawnbroker if the

3-38 peace officer:

3-39 (a) Has obtained written authorization from the prosecuting attorney

3-40 that includes, without limitation, a description of the property, and which

3-41 provides that the pawnbroker must be notified pursuant to NRS 179.165,

3-42 if applicable; and

3-43 (b) Gives a copy of the written authorization to the pawnbroker.

4-1 3. Property received by a peace officer pursuant to this section may

4-2 be disposed of only in the manner set forth in NRS 52.385 or 179.125 to

4-3 179.165, inclusive.

4-4 4. A peace officer who places a hold on property pursuant to this

4-5 section shall notify the pawnbroker in writing when the investigation or

4-6 prosecution has concluded or when the hold is no longer necessary,

4-7 whichever occurs sooner.

4-8 5. If a person who deposited property with a pawnbroker in pledge

4-9 attempts to redeem the property from the pawnbroker and a hold has

4-10 been placed on the property pursuant to this section, the pawnbroker

4-11 shall provide the person with the name of the peace officer who placed

4-12 the hold on the property and the name of the employer of the peace

4-13 officer who placed the hold on the property.

4-14 6. A pawnbroker and an employee of a pawnbroker who take any

4-15 action required pursuant to this section are immune from civil liability

4-16 for such action.

4-17 Sec. 4. NRS 646.040 is hereby amended to read as follows:

4-18 646.040 No property received in pledge by a pawnbroker may be