Senate Bill No. 120–Committee on Judiciary

(On Behalf of Attorney General)

February 4, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Expands circumstances under which interception of wire or oral communications is authorized. (BDR 14-303)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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).

 

AN ACT relating to the interception of wire or oral communications; expanding the circumstances under which the attorney general or a district attorney may apply for an order authorizing the interception of wire or oral communications; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 179.460 is hereby amended to read as follows:

1-2 179.460 1. The attorney general or the district attorney of any county

1-3 may apply to a supreme court justice or to a district judge in the county

1-4 where the interception is to take place for an order authorizing the

1-5 interception of wire or oral communications, and the judge may, in

1-6 accordance with NRS 179.470 to 179.515, inclusive, grant an order

1-7 authorizing the interception of wire or oral communications by

1-8 investigative or law enforcement officers having responsibility for the

1-9 investigation of the offense as to which the application is made, when the

1-10 interception may provide evidence of the commission of murder, attempted

1-11 murder, battery with the use of a deadly weapon, kidnaping, robbery,

1-12 extortion, bribery, destruction of public property by explosives,

1-13 discharging a firearm at or into an occupied structure, a sexual offense

1-14 against a child or the commission of any offense which is made a felony by

1-15 the provisions of chapter 453 or 454 of NRS.

2-1 2. A good faith reliance by a public utility on a court order [shall

2-2 constitute] constitutes a complete defense to any civil or criminal action

2-3 brought against the public utility on account of any interception made

2-4 pursuant to the order.

2-5 3. As used in this section [, "sexual] :

2-6 (a) "Discharging a firearm at or into an occupied structure" means

2-7 discharging a firearm at or into any house, room, apartment, tenement,

2-8 shop, warehouse, store, mill, barn, stable, outhouse or other building that

2-9 is occupied in violation of paragraph (b) of subsection 1 of NRS 202.285.

2-10 (b) "Sexual offense against a child" includes any act upon a child

2-11 constituting:

2-12 [(a)] (1) Incest pursuant to NRS 201.180;

2-13 [(b)] (2) Lewdness with a child pursuant to NRS 201.230;

2-14 [(c)] (3) Annoyance or molestation of a child pursuant to NRS 207.260;

2-15 [(d)] (4) Sado-masochistic abuse pursuant to NRS 201.262;

2-16 [(e)] (5) Sexual assault pursuant to NRS 200.366;

2-17 [(f)] (6) Statutory sexual seduction pursuant to NRS 200.368; or

2-18 [(g)] (7) Open or gross lewdness pursuant to NRS 201.210.

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