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 199.480 is hereby amended to read as follows:

1-2 199.480 1. Except as otherwise provided in subsection 2, whenever

2-1 (b) If the conspiracy was to commit murder, by imprisonment in the

2-2 state prison for a minimum term of not less than 2 years and a maximum

2-3 term of not more than 10 years,

2-4 and may be further punished by a fine of not more than $5,000.

2-5 2. If the conspiracy subjects the conspirators to criminal liability under

2-6 NRS 207.400, they shall be punished in the manner provided in NRS

2-7 207.400.

2-8 3. Whenever two or more persons conspire:

2-9 (a) To commit any crime other than those set forth in subsections 1 and

2-10 2, and no punishment is otherwise prescribed by law;

2-11 (b) Falsely and maliciously to procure another to be arrested or

2-12 proceeded against for a crime;

2-13 (c) Falsely to institute or maintain any action or proceeding;

2-14 (d) To cheat or defraud another out of any property by unlawful or

2-15 fraudulent means;

2-16 (e) To prevent another from exercising any lawful trade or calling, or

2-17 from doing any other lawful act, by force, threats or intimidation, or by

2-18 interfering or threatening to interfere with any tools, implements or

2-19 property belonging to or used by another, or with the use or employment

2-20 thereof;

2-21 (f) To commit any act injurious to the public health, public morals, trade

2-22 or commerce, or for the perversion or corruption of public justice or the

2-23 due administration of the law; or

2-24 (g) To accomplish any criminal or unlawful purpose, or to accomplish a

2-25 purpose, not in itself criminal or unlawful, by criminal or unlawful
2-26 means,

2-27 each person is guilty of a gross misdemeanor.

2-28 Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a

3-1 2. A person who knowingly:

3-2 (a) Obtains any personal identifying information of another person;

3-3 and

3-4 (b) Uses the personal identifying information to avoid or delay being

3-5 prosecuted for an unlawful act,

3-6 is guilty of a category E felony and shall be punished as provided in NRS

3-7 193.130.

3-8 3. In addition to any other penalty, the court shall order a person

3-9 convicted of violating subsection 1 to pay restitution, including, without

3-10 limitation, any attorney’s fees and costs incurred to:

3-11 (a) Repair the credit history or rating of the person whose personal

3-12 identifying information he obtained and used in violation of subsection

3-13 1; and

3-14 (b) Satisfy a debt, lien or other obligation incurred by the person

3-15 whose personal identifying information he obtained and used in violation

3-16 of subsection 1.

3-17 4. As used in this section, "personal identifying information" has the

3-18 meaning ascribed to it in NRS 205.465.

3-19 Sec. 3. NRS 205.450 is hereby amended to read as follows:

3-20 205.450 Every person who shall falsely represent or personate another,

3-30 felony and shall be punished as provided in NRS 193.130.

3-31 Sec. 4. NRS 205.455 is hereby amended to read as follows:

3-32 205.455 [Every] Unless a greater penalty is provided pursuant to

3-37 stealing] if he stole the money or property so received.

3-38 Sec. 5. NRS 205.465 is hereby amended to read as follows:

3-39 205.465 1. It is unlawful for a person to possess, sell or transfer any

4-1 2. A person who [sells] :

4-2 (a) Sells or transfers any such document or personal identifying

4-3 information in violation of subsection 1; or

4-4 (b) Possesses any such document or personal identifying information

4-5 in violation of subsection 1 to commit any of the crimes set forth in NRS

4-6 205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.610

4-7 to 205.810, inclusive,

4-8 is guilty of a category C felony and shall be punished as provided in NRS

4-9 193.130. [A]

4-10 3. Except as otherwise provided in subsection 2, a person who

4-11 possesses any such document or personal identifying information in

4-12 violation of subsection 1 is guilty of a misdemeanor.

4-13 [3.] 4. Subsection 1 does not:

4-14 (a) Preclude the adoption by a city or county of an ordinance prohibiting

4-15 the possession of any such document [.] or personal identifying

4-16 information; or

4-17 (b) Prohibit the possession or use of [those documents] any such

4-18 document or personal identifying information by officers of local police,

4-19 sheriff and metropolitan police departments and by agents of the

4-20 investigation division of the department of motor vehicles and public safety

4-21 while engaged in undercover investigations [relating to narcotics or

4-22 prostitution.] related to the lawful discharge of their duties.

4-23 5. As used in this section:

4-24 (a) "Document" includes, without limitation, a photocopy print,

4-25 photostat and other replica of a document.

4-26 (b) "Personal identifying information" means any information

4-27 designed, commonly used or capable of being used, alone or in

4-28 conjunction with any other information, to identify a person, including,

4-29 without limitation:

4-30 (1) The name, driver’s license number, social security number,

4-31 savings account number, credit card number, date of birth, place of

4-32 employment and maiden name of the mother of a person; and

4-33 (2) The fingerprints, voiceprint, retina image and iris image of a

4-34 person.

4-35 Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new

4-36 section to read as follows:

4-37 1. A person who has suffered injury as the proximate result of a

4-38 violation of the provisions of section 2 of this act may commence an

4-39 action for the recovery of his actual damages, costs and reasonable

4-40 attorney’s fees and for any punitive damages that the facts may warrant.

4-41 2. An action described in subsection 1 must be commenced not later

4-42 than 2 years after the person who suffered the injury discovers the facts

4-43 constituting the violation of the provisions of section 2 of this act.

5-1 Sec. 7. Chapter 598B of NRS is hereby amended by adding thereto a

5-2 new section to read as follows:

5-3 If a creditor mails a solicitation for the extension of credit to a person

5-4 and the person applies for such credit, the creditor shall mail the

5-5 extension of credit to the person to the same address as the solicitation,

5-6 unless the creditor verifies any change of address of the person using a

5-7 reliable method.

5-8 Sec. 8. Chapter 598C of NRS is hereby amended by adding thereto a

5-9 new section to read as follows:

5-10 1. If a consumer files a report with a law enforcement agency

5-11 alleging that a person has unlawfully obtained and used the personal

5-12 identifying information of the consumer in violation of section 2 of this

5-13 act, the consumer may request a reporting agency to close all access to its

5-14 files concerning him. To make such a request, the consumer shall submit

5-15 to the reporting agency:

5-16 (a) Sufficient information to confirm his own identity;

5-17 (b) A copy of the report that the consumer filed with the law

5-18 enforcement agency; and

5-19 (c) A written request for the reporting agency to close access to its files

5-20 concerning the consumer unless the reporting agency obtains his prior

5-21 written authorization.

5-22 2. Not later than 15 days after receiving the information set forth in

5-23 subsection 1, the reporting agency shall provide the consumer with a

5-24 written acknowledgment to be signed, notarized and returned by the

5-25 consumer to the reporting agency which indicates that the consumer

5-26 acknowledges that:

5-27 (a) The reporting agency will provide access to its files concerning the

5-28 consumer only in the manner set forth in subsection 4; and

5-29 (b) The ability of the consumer to obtain a checking account, credit,

5-30 employment, insurance, housing or a license required by a governmental

5-31 agency may be restricted if access to his files remains closed.

5-32 3. Except as otherwise provided in subsection 4, not later than 48

5-33 hours after receiving from a consumer a signed and notarized copy of the

5-34 written acknowledgment pursuant to subsection 2, the reporting agency

5-35 shall close all access to its files concerning the consumer.

5-36 4. A reporting agency shall provide access to the files of the

5-37 reporting agency that have been closed pursuant to subsection 3 only if:

5-38 (a) The reporting agency receives a written statement from the

5-39 consumer whose files are closed rescinding his request to close access to

5-40 his files;

5-41 (b) The reporting agency receives a written statement from the

5-42 consumer whose files are closed authorizing the reporting agency to

5-43 provide access to a specific person; or

6-1 (c) A court of competent jurisdiction has issued an order requiring the

6-2 reporting agency to provide access to a specific person.

6-3 5. If access to the files of a reporting agency concerning a consumer

6-4 has been closed pursuant to subsection 3, the reporting agency shall so

6-5 inform any person who requests access to the files.

6-6 Sec. 9. The amendatory provisions of this act do not apply to offenses

6-7 that were committed before October 1, 1999.