SB265

Senate Bill No. 265–Committee on Judiciary

(On Behalf of District Attorney’s Association)

February 26, 1999

____________

Referred to Committee on Judiciary

SUMMARY—Provides that certain evidence derived from communication intercepted by investigative or law enforcement officer is admissible in criminal proceedings. (BDR 14-587)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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 criminal proceedings; providing that certain evidence derived from a communication intercepted by an investigative or law enforcement officer relating to offenses other than those specified in the order authorizing the interception is admissible in criminal proceedings; 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 179.465 is hereby amended to read as follows:

1-2 179.465 1. Any investigative or law enforcement officer who, by any

1-3 means authorized by NRS 179.410 to 179.515, inclusive, or 704.195 or 18

1-4 U.S.C. §§ 2510 to 2520, inclusive, has obtained knowledge of the contents

1-5 of any wire or oral communication, or evidence derived therefrom, may

1-6 disclose the contents to another investigative or law enforcement officer or

1-7 use the contents to the extent that the disclosure or use is appropriate to the

1-8 proper performance of the official duties of the officer making or receiving

1-9 the disclosure.

1-10 2. Any person who has received, by any means authorized by NRS

1-11 179.410 to 179.515, inclusive, or 704.195 or 18 U.S.C. §§ 2510 to 2520,

1-12 inclusive, or by a statute of another state, any information concerning a

1-13 wire or oral communication, or evidence derived therefrom intercepted in

1-14 accordance with the provisions of NRS 179.410 to 179.515, inclusive, may

2-1 disclose the contents of that communication or the derivative evidence

2-2 while giving testimony under oath or affirmation in any criminal

2-3 proceeding in any court or before any grand jury in this state, or in any

2-4 court of the United States or of any state, or in any federal or state grand

2-5 jury proceeding.

2-6 3. An otherwise privileged wire or oral communication intercepted in

2-7 accordance with, or in violation of, the provisions of NRS 179.410 to

2-8 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive, does not lose

2-9 its privileged character.

2-10 4. When an investigative or law enforcement officer engaged in

2-11 intercepting wire or oral communications as authorized by NRS 179.410 to

2-12 179.515, inclusive, intercepts wire or oral communications relating to

2-13 offenses other than those specified in the order provided for in NRS

2-14 179.460, the contents of the communications and the evidence derived

2-15 therefrom may be disclosed or used as provided in subsection 1. The direct

2-16 evidence derived from the communications is inadmissible in a criminal

2-17 proceeding, [~~but any]~~ unless it is evidence of a crime for which

2-18 interception could be authorized pursuant to NRS 179.410 to 179.515,

2-19 inclusive, or 18 U.S.C. §§ 2510 to 2520, inclusive. Any other evidence

2-20 obtained as a result of knowledge obtained from the communications may

2-21 be disclosed or used as provided in subsection 2 when authorized or

2-22 approved by a justice of the supreme court or a district judge who finds

2-23 upon application made as soon as practicable that the contents of the

2-24 communications were intercepted in accordance with the provisions of

2-25 NRS 179.410 to 179.515, inclusive, or 18 U.S.C. §§ 2510 to 2520,

2-26 inclusive.

2-27 Sec. 2. The amendatory provisions of this act do not apply to

2-28 communications which were intercepted before October 1, 1999.