Assembly Bill No. 71–Assemblywoman Buckley
Prefiled January 28, 1999
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Joint Sponsor: Senator Raggio
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Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning use of personal identity. (BDR 15-146)
FISCAL NOTE: Effect on Local Government: Yes.
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:
1-1
Section 1. NRS 199.480 is hereby amended to read as follows: 199.480 1. Except as otherwise provided in subsection 2, whenever1-3
two or more persons conspire to commit murder, robbery, sexual assault,1-4
kidnaping in the first or second degree,1-5
degree, or a violation of section 2 of this act, each person is guilty of a1-6
category B felony and shall be punished:1-7
(a) If the conspiracy was to commit robbery, sexual assault, kidnaping in1-8
the first or second degree ,1-9
violation of section 2 of this act, by imprisonment in the state prison for a1-10
minimum term of not less than 1 year and a maximum term of not more1-11
than 6 years; or2-1
(b) If the conspiracy was to commit murder, by imprisonment in the2-2
state prison for a minimum term of not less than 2 years and a maximum2-3
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 under2-6
NRS 207.400, they shall be punished in the manner provided in NRS2-7
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 and2-10
2, and no punishment is otherwise prescribed by law;2-11
(b) Falsely and maliciously to procure another to be arrested or2-12
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 or2-15
fraudulent means;2-16
(e) To prevent another from exercising any lawful trade or calling, or2-17
from doing any other lawful act, by force, threats or intimidation, or by2-18
interfering or threatening to interfere with any tools, implements or2-19
property belonging to or used by another, or with the use or employment2-20
thereof;2-21
(f) To commit any act injurious to the public health, public morals, trade2-22
or commerce, or for the perversion or corruption of public justice or the2-23
due administration of the law; or2-24
(g) To accomplish any criminal or unlawful purpose, or to accomplish a2-25
purpose, not in itself criminal or unlawful, by criminal or unlawful2-27
each person is guilty of a gross misdemeanor.2-28
Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a2-29
new section to read as follows:2-30
1. Except as otherwise provided in subsection 2, a person who2-31
knowingly:2-32
(a) Obtains any personal identifying information of another person;2-33
and2-34
(b) Uses the personal identifying information to harm that other2-35
person or for any unlawful purpose, including, without limitation, to2-36
obtain credit, a good, a service or anything of value in the name of that2-37
person,2-38
is guilty of a category B felony and shall be punished by imprisonment in2-39
the state prison for a minimum term of not less than 1 year and a2-40
maximum term of not more than 20 years, and may be further punished2-41
by a fine of not more than $100,000.2-42
2. A person who knowingly:3-1
(a) Obtains any personal identifying information of another person;3-2
and3-3
(b) Uses the personal identifying information to avoid or delay being3-4
prosecuted for an unlawful act,3-5
is guilty of a category E felony and shall be punished as provided in NRS3-6
193.130.3-7
3. In addition to any other penalty, the court shall order a person3-8
convicted of violating subsection 1 to pay restitution, including, without3-9
limitation, any attorney’s fees and costs incurred to:3-10
(a) Repair the credit history or rating of the person whose personal3-11
identifying information he obtained and used in violation of subsection3-12
1; and3-13
(b) Satisfy a debt, lien or other obligation incurred by the person3-14
whose personal identifying information he obtained and used in violation3-15
of subsection 1.3-16
4. As used in this section, "personal identifying information" has the3-17
meaning ascribed to it in NRS 205.465.3-18
Sec. 3. NRS 205.450 is hereby amended to read as follows:3-19
205.450 Every person who shall falsely represent or personate another,3-20
and, in such assumed character, shall marry another, become bail or surety3-21
for any party, in any proceeding, civil or criminal, before any court or3-22
officer authorized to take such bail or surety, or confess any judgment, or3-23
acknowledge the execution of any conveyance of real property, or of any3-24
other instrument which, by law, may be recorded, or do any other act in the3-25
course of any suit, proceeding or prosecution, whereby the person so3-26
represented or personated may be made liable, in any event, to the payment3-27
of any debt, damages, cost or sum of money, or his right or interest may, in3-28
any manner be affected,3-29
felony and shall be punished as provided in NRS 193.130.3-30
Sec. 4. NRS 205.455 is hereby amended to read as follows: 205.4553-32
section 2 of this act, a person who falsely represents or personates another,3-33
and, in such assumed character, receives any money or valuable property of3-34
any description intended to be delivered to the person so personated, shall3-35
be punished in the same manner and to the same extent as3-36
3-37
Sec. 5. NRS 205.465 is hereby amended to read as follows:3-38
205.465 1. It is unlawful for a person to possess, sell or transfer any3-39
document or personal identifying information for the purpose of3-40
establishing a false status, occupation, membership, license or identity for3-41
himself or any other person.3-42
2. A person who4-1
(a) Sells or transfers any such document or personal identifying4-2
information in violation of subsection 1; or4-3
(b) Possesses any such document or personal identifying information4-4
in violation of subsection 1 to commit any of the crimes set forth in NRS4-5
205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.6104-6
to 205.810, inclusive,4-7
is guilty of a category C felony and shall be punished as provided in NRS4-8
193.130.4-9
3. Except as otherwise provided in subsection 2, a person who4-10
possesses any such document or personal identifying information in4-11
violation of subsection 1 is guilty of a misdemeanor.4-12
4-13
(a) Preclude the adoption by a city or county of an ordinance prohibiting4-14
the possession of any such document4-15
information; or4-16
(b) Prohibit the possession or use of4-17
document or personal identifying information by officers of local police,4-18
sheriff and metropolitan police departments and by agents of the4-19
investigation division of the department of motor vehicles and public safety4-20
while engaged in undercover investigations4-21
4-22
5. As used in this section:4-23
(a) "Document" includes, without limitation, a photocopy print,4-24
photostat and other replica of a document.4-25
(b) "Personal identifying information" means any information4-26
designed, commonly used or capable of being used, alone or in4-27
conjunction with any other information, to identify a person, including,4-28
without limitation:4-29
(1) The name, driver’s license number, social security number,4-30
savings account number, credit card number, debit card number, date of4-31
birth, place of employment and maiden name of the mother of a person;4-32
and4-33
(2) The fingerprints, voiceprint, retina image and iris image of a4-34
person.4-35
Sec. 6. Chapter 41 of NRS is hereby amended by adding thereto a new4-36
section to read as follows:4-37
1. A person who has suffered injury as the proximate result of a4-38
violation of the provisions of section 2 of this act may commence an4-39
action for the recovery of his actual damages, costs and reasonable4-40
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 later4-42
than 2 years after the person who suffered the injury discovers the facts4-43
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 a5-2
new section to read as follows:5-3
If a creditor mails a solicitation for the extension of credit to a person5-4
and the person applies for such credit, the creditor shall mail the5-5
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 a5-7
reliable method.5-8
Sec. 8. The amendatory provisions of this act do not apply to offenses5-9
that were committed before October 1, 1999.~