Amendment No. 429

Assembly Amendment to Assembly Bill No. 646 (BDR 41-416)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:

"Section 1. NRS 463.0193 is hereby amended to read as follows:

463.0193 "Sports pool" means the business of accepting [wagers] , transferring, brokering, facilitating or moving to or for another person a wager on a sporting [events] event by any system or method of wagering.".

Amend the bill as a whole by renumbering sec. 3 as sec. 6 and adding new sections designated sections 4 and 5, following sec. 2, to read as follows:

"Sec. 4. NRS 179.118 is hereby amended to read as follows:

179.118 1. The proceeds from any sale or retention of property declared to be forfeited must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.

2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:

(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.

(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.

(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.

(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.

(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph (e) of subsection 1 of NRS 62.211.

(f) If the property was seized as the result of a violation of NRS 207.195 that was related to gaming, NRS 463.160 or 465.093, 75 percent in the state general fund to be accounted for separately for use by agents of the state gaming control board for enforcement and 25 percent in the state general fund to be accounted for separately to be used for programs to assist persons who are addicted to gambling pursuant to the direction of the Nevada gaming commission.

Sec. 5. NRS 179.121 is hereby amended to read as follows:

179.121 1. All personal property, including any tool, substance, weapon, machine, money or security, which is used as an instrumentality in:

(a) The commission of or attempted commission of the crime of murder, robbery, kidnaping, burglary, invasion of the home, grand larceny or pandering;

(b) The commission of any crime by a criminal gang, as defined in NRS 213.1263; [or]

(c) A violation of NRS 200.465, 202.265, 202.287 [or] , 463.160, 465.070 to 465.085, inclusive, or 465.093; or

(d) A violation of NRS 207.195 that is related to gaming,

is subject to forfeiture.

2. Except as otherwise provided for conveyances forfeitable pursuant to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles or vessels, which are used or intended for use during the commission of a felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085, inclusive, are subject to forfeiture except that:

(a) A conveyance used by any person as a common carrier in the transaction of business as a common carrier is not subject to forfeiture under this section unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to the felony or violation;

(b) A conveyance is not subject to forfeiture under this section by reason of any act or omission established by the owner thereof to have been committed or omitted without his knowledge, consent or willful blindness;

(c) A conveyance is not subject to forfeiture for a violation of NRS 202.300 if the firearm used in the violation of that section was not loaded at the time of the violation; and

(d) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if he neither had knowledge of nor consented to the felony. If a conveyance is forfeited the appropriate law enforcement agency may pay the existing balance and retain the conveyance for official use.

3. For the purposes of this section, a firearm is loaded if:

(a) There is a cartridge in the chamber of the firearm;

(b) There is a cartridge in the cylinder of the firearm, if the firearm is a revolver; or

(c) There is a cartridge in the magazine and the magazine is in the firearm or there is a cartridge in the chamber, if the firearm is a semiautomatic firearm.".

Amend the title of the bill to read as follows:

"AN ACT relating to gaming; revising the definition of "sports pool"; changing the deadline for collection of the annual excise tax on slot machines; clarifying a provision governing the issuance and expiration of a manufacturer’s, seller’s or distributor’s license; providing that personal property which is used as an instrumentality in certain crimes related to gaming is subject to forfeiture; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Makes various changes relating to gaming. (BDR 41-416)".