Senate Bill No. 364–Senator Shaffer

March 10, 1999

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Joint Sponsor: Assemblywoman Ohrenschall

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Referred to Committee on Judiciary

 

SUMMARY—Revises provisions regarding theft of certain property. (BDR 15-1569)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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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 crimes; revising provisions regarding theft of leased personal property; 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 205.940 is hereby amended to read as follows:

1-2 205.940 1. Any person who in renting or leasing any personal

1-3 property [obtains] :

1-4 (a) Obtains or retains possession of such personal property with the

1-5 intent to permanently deprive the owner of the property, without the

1-6 permission of the owner; or

1-7 (b) Obtains or retains possession of such personal property by means

1-8 of any false or fraudulent representation, fraudulent concealment, false

1-9 pretense or personation, trick, artifice or device, including, but not limited

1-10 to, a false representation as to his name, residence, employment or

1-11 operator’s license,

1-12 is guilty of larceny and shall be punished as provided in NRS 205.2175 to

1-13 205.2707, inclusive. It is a complete defense to any civil action arising out

1-14 of or involving the arrest or detention of any person renting or leasing

1-15 personal property that any representation made by him in obtaining or

1-16 retaining possession of the personal property is contrary to the fact.

2-1 2. Any person who, after renting or leasing any personal property

2-2 under an agreement in writing which provides for the return of the personal

2-3 property to a particular place at a particular time , fails to return the

2-4 personal property to such place within the time specified [, and who,] with

2-5 the intent to defraud the lessor or to retain possession of such property

2-6 without the lessor’s permission [, thereafter fails] , is guilty of larceny and

2-7 shall be punished as provided in NRS 205.2175 to 205.2707, inclusive.

2-8 Failure to return such property to any place of business of the lessor within

2-9 [72] 48 hours after a written demand for the return of such property is made

2-10 upon him by registered mail addressed to his address as shown in the

2-11 written agreement, or in the absence of such address, to his last known

2-12 place of residence, [is guilty of larceny and shall be punished as provided in

2-13 NRS 205.2175 to 205.2707, inclusive. The failure to return the personal

2-14 property to the place specified in the agreement] is prima facie evidence of

2-15 an intent to defraud the lessor or to retain possession of such property

2-16 without the lessor’s permission. It is a complete defense to any civil action

2-17 arising out of or involving the arrest or detention of any person upon whom

2-18 such demand was made that he failed to return the personal property to any

2-19 place of business of the lessor within 20 days after such demand.

2-20 Sec. 2. The amendatory provisions of this act do not apply to offenses

2-21 that were committed before October 1, 1999.

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