Amendment No. 395

Assembly Amendment to Assembly Bill No. 647 (BDR 14-588)

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 section 1, page 1, line 2, by deleting "subsection 2," and inserting:

"subsections 2 and 3,".

Amend section 1, page 1, line 12, after "3." by inserting:

"If the property that has been stolen or embezzled was obtained from a pawnbroker pursuant to section 3 of this act, the law enforcement agency shall, in addition to notifying the persons described in subsection 1 or 2, as appropriate, notify the pawnbroker from whom it was obtained.

4.".

Amend section 1, page 2, line 4, by deleting "4." and inserting "5.".

Amend section 1, page 2, line 11, by deleting "5." and inserting "6.".

Amend section 1, page 2, line 15, by deleting "5" and inserting "6".

Amend section 1, page 2, line 17, by deleting "5." and inserting "6.".

Amend section 1, page 2, line 27, by deleting "6." and inserting "7.".

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

"Sec. 3. Chapter 646 of NRS is hereby amended by adding thereto a new section to read as follows:

1. A peace officer who is involved in the investigation or prosecution of criminal activity may place a written hold on any property received in pledge by a pawnbroker that is related or allegedly related to the criminal activity.

2. While a hold is placed on property pursuant to this section, the pawnbroker who received the property in pledge shall not release or dispose of the property to any person other than the peace officer who placed the hold on the property. A peace officer who placed a hold on property may obtain custody of the property from the pawnbroker if the peace officer:

(a) Has obtained written authorization from the prosecuting attorney that includes, without limitation, a description of the property, and which provides that the pawnbroker must be notified pursuant to NRS 179.165, if applicable; and

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

3. Property received by a peace officer pursuant to this section may be disposed of only in the manner set forth in NRS 52.385 or 179.125 to 179.165, inclusive.

4. A peace officer who places a hold on property pursuant to this section shall notify the pawnbroker in writing when the investigation or prosecution has concluded or when the hold is no longer necessary, whichever occurs sooner.

5. If a person who deposited property with a pawnbroker in pledge attempts to redeem the property from the pawnbroker and a hold has been placed on the property pursuant to this section, the pawnbroker shall provide the person with the name of the peace officer who placed the hold on the property and the name of the employer of the peace officer who placed the hold on the property.

6. A pawnbroker and an employee of a pawnbroker who take any action required pursuant to this section are immune from civil liability for such action.".

Amend sec. 3, page 3, line 29, by deleting "officer." and inserting:

"officer in the manner set forth in section 3 of this act.".