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 205.240 is hereby amended to read as follows:

1-2 205.240 1. Except as otherwise provided in NRS 205.220, 205.226,

1-13 by another person.

2-1 (b) Intentionally steals, takes and carries away, leads away, drives away

2-2 or entices away one or more domesticated animals or domesticated birds,

2-3 with an aggregate value of less than $250, owned by another person.

2-4 2. [A] Except as otherwise provided in subsection 4, a person who

2-5 commits petit larceny is guilty of a misdemeanor. In addition to any other

2-6 penalty, the court shall order the person to pay restitution.

2-7 3. Except as otherwise provided in subsection 4 , [or 5,] if a person is

2-8 convicted of petit larceny and within the 3 years immediately preceding

2-9 and including the date of that conviction, the person is or has been

2-10 convicted of petit larceny one other time, the court, in addition to any other

2-11 penalty, shall order the person to perform not less than 48 hours of

2-12 community service.

2-13 4. [Except as otherwise provided in subsection 5, if a person is

2-14 convicted of] A person who commits petit larceny and who within the 3

2-15 years immediately preceding and including the date of the conviction for

2-16 that [conviction, the person] offense, is or has been convicted of petit

2-17 larceny two or more other times [, the court, in] in this state or of violating

2-18 a law of another jurisdiction that prohibits the same or similar conduct,

2-19 is guilty of a category D felony and shall be punished as provided in NRS

2-20 193.130. In addition to any other penalty [:

2-21 (a) Shall sentence the person to a term of imprisonment of not less than

2-22 60 days nor more than 6 months; and

2-23 (b) Shall not grant probation or suspend the sentence unless the court

2-24 orders as a condition of probation or suspension of sentence that the person

2-25 serve a term of imprisonment of not less than 60 days.

2-26 5. If a person is convicted of petit larceny and within the 3 years

2-27 immediately preceding and including the date of that conviction, the

2-28 person is or has been convicted of petit larceny three or more other times,

2-29 the court, in addition to any other penalty:

2-30 (a) Shall sentence the person to a term of imprisonment of not less than

2-31 60 days nor more than 6 months;

2-32 (b) Shall not grant probation or suspend the sentence unless the court

2-33 orders as a condition of probation or suspension of sentence that the person

2-34 serve a term of imprisonment of not less than 60 days; and

2-35 (c) Shall impose a fine of at least $500.

2-36 6.] , the court shall order the person to pay restitution.

2-37 5. The provisions of subsections 2, 3 [, 4 and 5] and 4 do not affect the

2-38 provisions of any other statute providing for a more severe penalty for a

2-39 first or subsequent conviction of petit larceny.

2-40 Sec. 2. NRS 597.850 is hereby amended to read as follows:

2-41 597.850 1. As used in this section and in NRS 597.860 and 597.870:

3-1 (a) "Merchandise" means any personal property, capable of manual

3-2 delivery, displayed, held or offered for sale by a merchant.

3-3 (b) "Merchant" means an owner or operator, and the agent, consignee,

3-4 employee, lessee, or officer of an owner or operator, of any merchant’s

3-5 premises.

3-6 (c) "Premises" means any establishment or part thereof wherein

3-7 merchandise is displayed, held or offered for sale.

3-8 2. Any merchant may request any person on his premises to place or

3-9 keep in full view any merchandise the person may have removed, or which

3-10 the merchant has reason to believe he may have removed, from its place of

3-11 display or elsewhere, whether for examination, purchase or for any other

3-12 purpose. No merchant is criminally or civilly liable on account of having

3-13 made such a request.

3-14 3. Any merchant who has reason to believe that merchandise has been

3-15 wrongfully taken by a person and that he can recover the merchandise by

3-16 taking the person into custody and detaining him may, for the purpose of

3-17 attempting to effect such recovery or for the purpose of informing a peace

3-18 officer of the circumstances of such detention, take the person into custody

3-19 and detain him, on the premises, in a reasonable manner and for a

3-20 reasonable length of time. A merchant shall be deemed to have reason to

3-21 believe that merchandise has been wrongfully taken by a person and that

3-22 he can recover the merchandise by taking the person into custody and

3-23 detaining him if the merchant observed the person concealing

3-24 merchandise while on the premises. Such taking into custody and

3-25 detention by a merchant does not render the merchant criminally or civilly

3-26 liable for false arrest, false imprisonment, slander or unlawful detention

3-27 unless the taking into custody and detention are unreasonable under all the

3-28 circumstances.

3-29 4. No merchant is entitled to the immunity from liability provided for

3-30 in this section unless there is displayed in a conspicuous place on his

3-31 premises a notice in boldface type clearly legible and in substantially the

3-32 following form:

3-33 Any merchant or his agent who has reason to believe that

3-34 merchandise has been wrongfully taken by a person may detain

3-35 such person on the premises of the merchant for the purpose of

3-36 recovering the property or notifying a peace officer. An adult or the

3-37 parents or legal guardian of a minor, who steals merchandise is

3-38 civilly liable for its value and additional damages. NRS 597.850,

3-39 597.860 and 597.870.

4-1 The notice must be prepared and copies thereof supplied on demand by the

4-2 superintendent of the state printing division of the department of

4-3 administration. The superintendent may charge a fee based on the cost for

4-4 each copy of the notice supplied to any person.

4-5 Sec. 3. The amendatory provisions of this act do not apply to offenses

4-6 that are committed before October 1, 1999.