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).

1-1 Section 1. Title 15 of NRS is hereby amended by adding thereto a

1-3 inclusive, of this act.

1-4 Sec. 2. As used in this chapter, unless the context otherwise requires,

1-5 the words and terms defined in sections 3 and 4 of this act have the

1-6 meanings ascribed to them in those sections.

1-7 Sec. 3. "Board" means the advisory board for the Nevada task force

1-8 for high-technology crime created pursuant to section 5 of this act.

1-9 Sec. 4. "High-technology crime" means crime that:

1-10 1. A person commits using information technology; or

1-11 2. Involves the theft of information technology.

1-12 Sec. 5. 1. The advisory board for the Nevada task force for high-

1-13 technology crime is hereby created.

2-1 2. The board consists of nine members as follows:

2-2 (a) Three persons who represent major sectors of the economy of this

2-3 state that are impacted significantly by high-technology crime;

2-4 (b) Two persons who represent state agencies that are impacted

2-5 significantly by high-technology crime;

2-6 (c) One member who is a citizen of this state and is employed by the

2-7 Federal Government;

2-8 (d) One member who is an employee of a law enforcement agency of

2-9 this state;

2-10 (e) One member who is an employee of a public educational

2-11 institution in this state; and

2-12 (f) The attorney general.

2-13 3. The governor shall appoint the members of the board described in

2-14 paragraphs (a) to (e), inclusive, of subsection 2.

2-15 4. The members of the board shall elect a chairman and vice

2-16 chairman by majority vote. After the initial election, the chairman and

2-17 vice chairman shall hold office for a term of 1 year beginning on July 1

2-18 of each year. If a vacancy occurs in the chairmanship, the members of

2-19 the board shall elect a chairman from among its members for the

2-20 remainder of the unexpired term.

2-21 5. Each member of the board serves for a term of 4 years. A vacancy

2-22 on the board must be filled in the same manner as the original

2-23 appointment. A member may be reappointed to the board.

2-24 6. The members of the board:

2-25 (a) Serve without compensation; and

2-26 (b) May, upon written request, receive the per diem allowance and

2-27 travel expenses provided for state officers and employees generally while

2-28 engaged in the business of the board.

2-29 7. A member of the board who is an officer or employee of this state

2-30 or a political subdivision of this state must be relieved from his duties

2-31 without loss of his regular compensation so that he may prepare for and

2-32 attend meetings of the board and perform any work necessary to carry

2-33 out the duties of the board in the most timely manner practicable. A state

2-34 agency or political subdivision of this state shall not require an officer or

2-35 employee who is a member of the board to make up the time he is absent

2-36 from work to carry out his duties as a member of the board or use annual

2-37 vacation or compensatory time for the absence.

2-38 Sec. 6. 1. The board shall meet at least once every quarter and at

2-39 the times and places specified by a call of the chairman or a majority of

2-40 the members of the board.

2-41 2. Except as otherwise provided in subsection 3, a member of the

2-42 board may designate in writing a person to represent him at a meeting of

2-43 the board. A representative who has been so designated:

3-1 (a) Shall be deemed to be a member of the board for the purpose of

3-2 determining a quorum at the meeting; and

3-3 (b) May vote on any matter that is voted on by the regular members of

3-4 the board at the meeting.

3-5 3. The attorney general may designate a representative to serve in his

3-6 place on the board or attend a meeting of the board in his place.

3-7 4. Five members of the board constitute a quorum. A quorum may

3-8 exercise all the power and authority conferred on the board.

3-9 5. Notwithstanding any other provision of law, a member of the

3-10 board:

3-11 (a) Is not disqualified from public employment or holding a public

3-12 office because of his membership on the board; and

3-13 (b) Does not forfeit his public office or public employment because of

3-14 his membership on the board.

3-15 Sec. 7. The board shall:

3-16 1. Facilitate cooperation between state, local and federal officers in

3-17 detecting, investigating and prosecuting high-technology crime.

3-18 2. Establish two multi-agency task forces on high-technology crime,

3-19 one based in Reno for northern Nevada and one based in Las Vegas for

3-20 southern Nevada, consisting of investigators and prosecutors who are

3-21 specifically trained to investigate and prosecute high-technology crimes.

3-22 3. Coordinate and provide training and education for members of the

3-23 general public, private industry and governmental agencies, including,

3-24 without limitation, law enforcement agencies, concerning the statistics

3-25 and methods of high-technology crime and how to prevent and detect

3-26 high-technology crime.

3-27 4. Administrate, with the assistance of members of private industry, a

3-28 program using current information technology and techniques to secure

3-29 governmental information systems against illegal intrusions and other

3-30 criminal activities.

3-31 5. Evaluate and recommend changes to the existing civil and

3-32 criminal laws relating to high-technology crime that reflect changes in

3-33 technology and law enforcement techniques.

3-34 6. Authorize the payment of expenses incurred by the board in

3-35 carrying out its duties pursuant to this chapter.

3-36 Sec. 8. 1. Upon unanimous approval of the members of the board,

3-37 the board shall appoint an executive director of high-technology crime

3-38 within the office of the attorney general.

3-39 2. The executive director is in the unclassified service of the state and

3-40 serves at the pleasure of the board.

3-41 3. The board shall establish the qualifications, powers and duties of

3-42 the executive director.

4-1 Sec. 9. Upon unanimous approval of the members of the board, the

4-2 board shall appoint a full-time secretary who is in the unclassified

4-3 service of the state and serves at the pleasure of the board.

4-4 Sec. 10. 1. The board may apply for any available grants and

4-5 accept gifts, grants, appropriations or donations to assist the board in

4-6 carrying out its duties pursuant to the provisions of this chapter.

4-7 2. Any money received by the board must be deposited in the account

4-8 for the advisory board for the Nevada task force for high-technology

4-9 crime created pursuant to section 11 of this act.

4-10 Sec. 11. 1. The account for the advisory board for the Nevada task

4-11 force for high-technology crime is hereby created in the state general

4-12 fund. The board shall administer the account.

4-13 2. The money in the account must only be used to carry out the

4-14 provisions of this chapter and pay the expenses incurred by the board in

4-15 the discharge of its duties, including, without limitation, the payment of

4-16 any expenses related to the creation and subsequent activities of the task

4-17 forces on high-technology crime.

4-18 3. Claims against the account must be paid as other claims against

4-19 the state are paid.

4-20 4. The money in the account must remain in the account and must

4-21 not revert to the state general fund at the end of any fiscal year.

4-22 Sec. 12. Chapter 205 of NRS is hereby amended by adding thereto the

4-23 provisions set forth as sections 13 to 22, inclusive, of this act.

4-24 Sec. 13. "Provider" means:

4-25 1. A person who is in the business of providing a telecommunications

4-26 service;

4-27 2. A representative of a person who is in the business of providing a

4-28 telecommunications service; or

4-29 3. A person who bills on behalf of a person who is in the business of

4-30 providing a telecommunications service.

4-31 Sec. 14. 1. "Telecommunications service" means the providing,

4-32 facilitating or generating of any form of telecommunication through the

4-33 use of any instrument, equipment, machine or other device that

4-34 facilitates telecommunication.

4-35 2. As used in this section, "telecommunication" means the

4-36 origination, emission, dissemination, transmission or reception of data,

4-37 images, signals or sounds over a communications system, including,

4-38 without limitation, a fiber optic, electronic, magnetic, optical, digital or

4-39 analog system.

4-40 Sec. 15. A provider shall not:

4-41 1. Make a statement or representation regarding the provision of a

4-42 telecommunications service, including, without limitation, a statement

5-1 regarding the rates, terms or conditions of a telecommunications service,

5-2 that:

5-3 (a) Is false, misleading or deceptive; or

5-4 (b) Fails to include material information which makes the statement

5-5 or representation false, misleading or deceptive.

5-6 2. Misrepresent his identity.

5-7 3. Falsely state to a person that the person has subscribed to or

5-8 received a telecommunications service.

5-9 4. Omit, when explaining the terms and conditions of a subscription

5-10 to a telecommunications service, a material fact concerning the

5-11 subscription.

5-12 5. Fail to include in a bill presented to a customer:

5-13 (a) A clear and detailed description of the services for which the

5-14 customer is being billed and the amount the customer is being charged

5-15 for each service;

5-16 (b) Full disclosure of all terms and conditions concerning the services

5-17 provided; and

5-18 (c) The name, address and telephone number of the provider.

5-19 6. Bill a customer for services that the customer has not authorized,

5-20 unless the service is required to be provided by law. The failure of a

5-21 customer to refuse a proposal from a provider does not constitute specific

5-22 authorization. The provider shall provide a customer who has changed

5-23 his long-distance service or local toll carrier service to the provider with

5-24 written confirmation of the change not later than 5 days after the

5-25 customer authorizes the change.

5-26 7. Fail to honor, within a reasonable period, a request of a customer

5-27 to cancel a telecommunications service pursuant to the terms and

5-28 conditions for the service. The provider shall not bill a customer for a

5-29 telecommunications service after the customer has canceled the

5-30 telecommunications service pursuant to the terms and conditions of the

5-31 service.

5-32 8. Charge a customer a fee for canceling a telecommunications

5-33 service, unless the fee was disclosed in writing to the customer.

5-34 9. Propose or enter into a contract with a customer that purports to:

5-35 (a) Waive the rights of the customer set forth in this section; or

5-36 (b) Authorize the provider or the representative of the provider to

5-37 violate this section.

5-38 Sec. 16. 1. If a provider violates a provision of section 15 of this

5-39 act:

5-40 (a) The provider is guilty of misdemeanor and shall be punished by a

5-41 fine of not less than $50 nor more than $5,000 for each violation.

5-42 (b) The victim, a group of victims or the attorney general, on behalf of

5-43 the victim or group of victims, may, after the provider has been found to

6-1 have violated a provision of section 16 of this act, bring a civil action

6-2 against the provider pursuant to which:

6-3 (1) The victim or group of victims may rescind the contract or

6-4 demand specific performance, and may recover damages for injuries

6-5 they have incurred, costs and attorney’s fees; and

6-6 (2) The court shall, upon request by a victim or the attorney

6-7 general, enter a declaratory judgment in favor of the victim or group of

6-8 victims or enter a temporary or permanent injunction against the

6-9 provider. The court may, if appropriate, order the provider to discontinue

6-10 engaging in and billing for telecommunications service.

6-11 2. The attorney general may, when investigating a provider pursuant

6-12 to this section, subpoena witnesses, require the production of

6-13 documentary evidence and request the assistance of the public utilities

6-14 commission of Nevada.

6-15 3. The provisions of this section do not preclude:

6-16 (a) A victim from filing a complaint against the provider with the

6-17 public utilities commission of Nevada.

6-18 (b) A provider from being prosecuted for engaging in a deceptive

6-19 trade practice.

6-20 Sec. 17. "Intangible property" means property that lacks a physical

6-21 existence yet possesses value, including, without limitation, customer

6-22 lists, trade secrets, copyrighted material or other confidential

6-23 information.

6-24 Sec. 18. "Debit card" means an instrument or device, whether

6-25 known as a debit card or by another name, that is issued with or without

6-26 a fee by an issuer for the use of the cardholder in obtaining money,

6-27 property, goods, services or anything else of value, subject to the issuer

6-28 removing money from the checking account or savings account of the

6-29 cardholder.

6-30 Sec. 19. "Information service" means the providing of data, signals

6-31 or sounds by means of an instrument, equipment or machine, including,

6-32 without limitation, a computer, computer network, scanner, telephone,

6-33 cellular telephone, pager, personal communications device, transponder,

6-34 receiver, radio, modem or other device. The term does not include a

6-35 community antenna television company, as that term is defined in NRS

6-36 711.030.

6-37 Sec. 20. "Provider" means a business that provides an information

6-38 service.

6-39 Sec. 21. The victim of a crime described in NRS 205.4765 or

6-40 205.477 may, in a civil action, recover:

6-41 1. Damages for any loss or injury suffered as a result of the crime;

6-42 2. Punitive damages; and

6-43 3. Costs and attorney’s fees incurred in bringing the civil action.

7-1 Sec. 22. 1. An Internet service provider:

7-2 (a) Shall, upon receiving a written request, keep the electronic mail

7-3 address of a subscriber confidential. The Internet service provider shall

7-4 provide notice to each of its subscribers that the subscriber may request

7-5 to have his electronic mail address made confidential.

7-6 (b) Shall keep all information concerning a subscriber other than the

7-7 electronic mail address confidential, unless the subscriber provides the

7-8 Internet service provider with written permission to disclose the

7-9 information. The Internet service provider shall provide notice of this

7-10 requirement to each of its subscribers.

7-11 2. An Internet service provider that violates the provisions of

7-12 subsection 1 is guilty of a misdemeanor and shall be punished by a fine

7-13 of not less than $50 nor more than $500 for each violation.

7-14 3. As used in this section, "Internet service provider" means a

7-15 business that charges subscribers for access to the Internet or an address

7-16 for electronic mail, or both. The term does not include a business that

7-17 does not charge subscribers for its services.

7-18 Sec. 23. NRS 205.0821 is hereby amended to read as follows:

7-19 205.0821 As used in NRS 205.0821 to 205.0835, inclusive, and

7-22 this act have the meanings ascribed to them in those sections.

7-23 Sec. 24. NRS 205.0828 is hereby amended to read as follows:

7-24 205.0828 "Property of another person" means real, personal or

7-33 holds legal title to the property pursuant to a security agreement.

7-34 Sec. 25. NRS 205.0832 is hereby amended to read as follows:

7-35 205.0832 A person commits theft if, without lawful authority, he

7-43 duration or for a limited use.

8-1 3. Obtains real , [or] personal or intangible property or the services of

8-2 another person by a material misrepresentation with intent to deprive that

8-3 person of the property or services. As used in this subsection, "material

8-4 misrepresentation" means the use of any pretense, or the making of any

8-5 promise, representation or statement of present, past or future fact which is

8-6 fraudulent and which, when used or made, is instrumental in causing the

8-7 wrongful control or transfer of property or services. The pretense may be

8-8 verbal or it may be a physical act.

8-9 4. Comes into control of lost, mislaid or misdelivered property of

8-10 another person under circumstances providing means of inquiry as to the

8-11 true owner and appropriates that property to his own use or that of another

8-12 person without reasonable efforts to notify the true owner.

8-13 5. Controls property of another person knowing or having reason to

8-14 know that the property was stolen . [;]

8-15 6. Obtains services which he knows are available only for

8-16 compensation without paying or agreeing to pay compensation or diverts

8-17 the services of another person to his own benefit or that of another person

8-18 without lawful authority to do so.

8-19 7. Takes, destroys, conceals or disposes of property in which another

8-20 person has a security interest, with intent to defraud that person.

8-21 8. Commits any act that is declared to be theft by a specific statute.

8-22 9. Draws or passes a check, and in exchange obtains property or

8-23 services, if he knows that the check will not be paid when presented.

8-24 Sec. 26. NRS 205.473 is hereby amended to read as follows:

8-25 205.473 As used in NRS 205.473 to [205.491,] 205.507, inclusive,

8-29 sections.

8-30 Sec. 27. NRS 205.477 is hereby amended to read as follows:

8-31 205.477 1. Except as otherwise provided in [subsection 3,]

8-42 or enhance that person’s credit rating, is] , computer network,

9-1 telecommunications device, telecommunications service or information

9-2 service is guilty of a misdemeanor.

9-3 3. If the violation of subsection 1 or 2 was committed to devise or

9-4 execute a scheme to defraud or illegally obtain property, the person is

9-5 guilty of a category C felony and shall be punished as provided in NRS

9-6 193.130, and may be further punished by a fine of not more than $100,000.

9-7 In addition to any other penalty, the court shall order the person to pay

9-8 restitution.

9-9 4. It is an affirmative defense to a charge made pursuant to this

9-10 section that at the time of the alleged offense the defendant reasonably

9-11 believed that:

9-12 (a) He was authorized to use or access the computer, computer

9-13 system, computer network, telecommunications device,

9-14 telecommunications service or information service; or

9-15 (b) The owner or other person authorized to give consent would

9-16 authorize the defendant to use or access the computer, computer system,

9-17 computer network, telecommunications device, telecommunications

9-18 service or information service.

9-19 A defendant who intends to offer this affirmative defense at a trial or

9-20 preliminary hearing must, not less than 14 days before the trial or

9-21 hearing or at such other time as the court may direct, file and serve on

9-22 the prosecuting attorney a written notice of that intent.

9-23 5. As used in this section, "information service" means the providing

9-24 of data, signals or sounds by means of an instrument, equipment or

9-25 machine, including, without limitation, a computer, computer network,

9-26 scanner, telephone, cellular telephone, pager, personal communications

9-27 device, transponder, receiver, radio, modem or other device. The term

9-28 does not include a community antenna television company as that term is

9-29 defined in NRS 711.030.

9-30 Sec. 28. NRS 205.505 is hereby amended to read as follows:

9-31 205.505 As used in NRS 205.505 [to 205.508, inclusive:

9-38 and 20 of this act have the meanings ascribed to them in those sections.

9-39 Sec. 29. NRS 205.506 is hereby amended to read as follows:

9-40 205.506 1. It is unlawful for a person knowingly [or] and with the

9-43 service from a [supplier] provider by deception, use of an illegal device, or

10-1 other fraudulent means. The requisite intent may be inferred from the

10-2 presence on the property or in the possession of the accused of a device,

10-3 not authorized by the [supplier,] provider, the major purpose of which is to

10-4 permit or facilitate use of [mobile telephone] an information service

10-5 without payment. The inference is rebutted if the accused shows that he

10-6 purchased the device for a legitimate purpose.

10-7 [2.] (b) Give technical assistance or instruction to another in obtaining

10-8 [mobile telephone] an information service without full payment to a

10-9 supplier.

10-10 [3.] (c) Maintain an ability to connect, by physical, electronic or other

10-11 means, with facilities, components or devices used in [mobile telephone]

10-12 an information service for the purpose of obtaining [mobile telephone] the

10-13 information service without payment of all lawful compensation to the

10-14 [supplier.

10-15 4.] provider.

10-16 (d) Make or maintain a modification of a device installed with the

10-17 authorization of a [supplier] provider to obtain any service that the accused

10-18 is not authorized by the [supplier] provider to obtain. The requisite intent

10-19 may be inferred from proof that the [supplier’s] standard procedure of the

10-20 provider is to place labels on its devices warning that modifying the device

10-21 is a violation of law and that the device has been modified without the

10-22 [supplier’s permission.

10-23 5.] permission of the provider.

10-24 (e) Possess , manufacture, deliver, offer to deliver or advertise, without

10-25 [a supplier’s] permission from the provider, a device or a kit for a device

10-26 designed to receive from the supplier a service offered for sale by the

10-27 [supplier,] provider, whether or not the service is encoded or otherwise

10-28 made unintelligible, or designed to perform or facilitate an act prohibited

10-29 by [subsections 1 to 4,] paragraphs (a) to (d), inclusive. Intent to violate

10-30 this [subsection] paragraph for commercial advantage or financial gain

10-31 may be inferred if the circumstances, including , without limitation,

10-32 quantity or volume, indicate possession for resale.

10-33 [6.] (f) Manufacture, import, distribute, advertise, sell, lease, or offer to

10-34 sell or lease a device or a plan or kit for a device designed to receive

10-35 [mobile telephone] an information service offered for sale by a [supplier,]

10-36 provider, whether or not the service is encoded or otherwise made

10-37 unintelligible, without full payment. The requisite intent may be inferred

10-38 from proof that the accused has sold, leased or offered to sell or lease any

10-39 such device, plan or kit and stated or implied to the buyer or lessee that it

10-40 will enable him to obtain [mobile telephone] an information service

10-41 without charge.

11-1 [7.] (g) Possess any other materials for the purpose of creating a device

11-2 or a kit for a device designed to obtain [mobile telephone] an information

11-3 service in any manner prohibited pursuant to this section.

11-4 2. This section does not prohibit or restrict a holder of an amateur

11-5 service license issued by the Federal Communications Commission from

11-6 possessing or using a radio receiver or transceiver that is intended

11-7 primarily for use in the amateur radio service and is used for lawful

11-8 purposes.

11-9 3. A person who violates a provision of subsection 1 is guilty of a

11-10 category D felony and shall be punished as provided in NRS 193.130.

11-11 Sec. 30. NRS 205.507 is hereby amended to read as follows:

11-12 205.507 In addition to the penalties provided in NRS [205.508, a

11-14 injury incurred through a violation of NRS 205.506.

11-15 Sec. 31. NRS 205.610 is hereby amended to read as follows:

11-16 205.610 As used in NRS 205.610 to 205.810, inclusive, and section 18

11-19 have the meanings ascribed to them in those sections.

11-20 Sec. 32. NRS 205.620 is hereby amended to read as follows:

11-21 205.620 "Cardholder" means the person or organization named on the

11-23 card or debit card is issued by an issuer.

11-24 Sec. 33. NRS 205.640 is hereby amended to read as follows:

11-25 205.640 "Expired credit card ["] or debit card" means a credit card

11-27 has elapsed.

11-28 Sec. 34. NRS 205.650 is hereby amended to read as follows:

11-29 205.650 "Issuer" means the business organization, financial institution

11-31 which issues a credit card [.] or debit card.

11-32 Sec. 35. NRS 205.670 is hereby amended to read as follows:

11-33 205.670 "Revoked credit card ["] or debit card" means a credit card

11-35 has been suspended or terminated by the issuer.

11-36 Sec. 36. NRS 205.680 is hereby amended to read as follows:

11-37 205.680 Any person who, for the purpose of procuring the issuance of

11-42 guilty of a gross misdemeanor.

12-1 Sec. 37. NRS 205.690 is hereby amended to read as follows:

12-2 205.690 1. A person who steals, takes or removes a credit card or

12-36 identifying description of a debit card.

12-37 Sec. 38. NRS 205.710 is hereby amended to read as follows:

12-38 205.710 1. A person, except the issuer, who [sells] :

12-41 buys] ; or

13-1 (b) Buys a credit card , debit card or the number or other identifying

13-2 description of a credit card , debit card or credit account from a person

13-3 other than the issuer ,

13-4 is guilty of a category D felony and shall be punished as provided in NRS

13-5 193.130.

13-6 2. The provisions of this section do not apply to a person employed by

13-7 or operating a business, including, but not limited to, a bank or other

13-8 financial institution, credit bureau, collection agency or credit reporting

13-9 agency, who, without the intent to defraud, lawfully furnishes to another

13-10 person or obtains the number or other identifying description of a credit

13-11 card , debit card or credit account in the ordinary course of that business or

13-12 employment or pursuant to a financial transaction entered into with a

13-13 customer.

13-14 Sec. 39. NRS 205.720 is hereby amended to read as follows:

13-15 205.720 A person who, with the intent to defraud, obtains control over

13-18 any other penalty, the court shall order the person to pay restitution.

13-19 Sec. 40. NRS 205.740 is hereby amended to read as follows:

13-20 205.740 1. A person who, with the intent to defraud, falsely makes or

13-38 the credit card or debit card can be used by a cardholder.

13-39 Sec. 41. NRS 205.750 is hereby amended to read as follows:

13-40 205.750 A person, except the cardholder or a person authorized by the

13-43 card transaction with the intent to defraud is guilty of a category D felony

14-1 and shall be punished as provided in NRS 193.130. In addition to any other

14-2 penalty, the court shall order the person to pay restitution.

14-3 Sec. 42. NRS 205.760 is hereby amended to read as follows:

14-4 205.760 1. [A] Unless a greater penalty is provided pursuant to

14-42 notice must be sent by airmail. If the address is located outside the United

15-1 States, Puerto Rico, the Virgin Islands, the Canal Zone and Canada, notice

15-2 may be presumed to have been received 10 days after the mailing.

15-3 Sec. 43. NRS 205.765 is hereby amended to read as follows:

15-14 handling charges.

15-15 Sec. 44. NRS 205.770 is hereby amended to read as follows:

15-16 205.770 A person who is authorized by an issuer to furnish money,

15-25 order the person to pay restitution.

15-26 Sec. 45. NRS 205.780 is hereby amended to read as follows:

15-27 205.780 A person who is authorized by an issuer to furnish money,

15-35 penalty, the court shall order the person to pay restitution.

15-36 Sec. 46. NRS 205.790 is hereby amended to read as follows:

15-37 205.790 1. A person, except the cardholder, who possesses two or

15-42 of an issuer who has not consented to the preparation of such credit cards

16-1 or debit cards is guilty of a category D felony and shall be punished as

16-2 provided in NRS 193.130.

16-3 2. As used in this section, a credit card or debit card is "incomplete" if

16-4 part of the matter, except the signature of the cardholder, required by an

16-5 issuer to appear on the credit card or debit card has not yet been stamped,

16-6 embossed, imprinted or written on the credit card [.] or debit card.

16-7 Sec. 47. NRS 41.620 is hereby amended to read as follows:

16-8 41.620 1. Any person who:

16-26 (c) "Issuer" has the meaning ascribed to it in NRS 205.650.

16-27 Sec. 48. Chapter 171 of NRS is hereby amended by adding thereto the

16-28 provisions set forth as sections 49 to 58, inclusive, of this act.

16-29 Sec. 49. As used in sections 49 to 58, inclusive, of this act, unless the

16-30 context otherwise requires, the words and terms defined in sections 50

16-31 and 51 of this act have the meanings ascribed to them in those sections.

16-32 Sec. 50. "Investigative subpoena" means the subpoena that the

16-33 attorney general, a district attorney or an investigator may issue pursuant

16-34 to section 52 of this act.

16-35 Sec. 51. "Investigator" means an investigator of the investigation

16-36 division of the department of motor vehicles and public safety.

16-37 Sec. 52. 1. The attorney general, a district attorney or an

16-38 investigator may issue an investigative subpoena that requires a person to

16-39 produce a computer and any storage media used by the computer. The

16-40 subpoena must be issued to further a felony criminal investigation of a

16-41 person other than the owner or primary user of the computer.

17-1 2. An investigative subpoena issued pursuant to subsection 1 must:

17-2 (a) Contain a sworn statement that is signed by the person who issued

17-3 the subpoena stating that he issued the subpoena as part of a felony

17-4 criminal investigation of a person other than the owner or primary user

17-5 of the computer; and

17-6 (b) Be served by delivering a copy of the subpoena to:

17-7 (1) The primary user of the computer;

17-8 (2) If a natural person owns the computer, the owner of the

17-9 computer; or

17-10 (3) If a business owns the computer, a manager or supervisor of the

17-11 business or another person who is authorized to receive service of process

17-12 on behalf of the business.

17-13 Sec. 53. 1. Upon receiving an investigative subpoena, the owner of

17-14 the computer shall produce the computer and any storage media used by

17-15 the computer for inspection.

17-16 2. The owner of the computer may charge a reasonable fee for any

17-17 administrative expenses related to the production of the computer and

17-18 any storage media used by the computer.

17-19 Sec. 54. 1. Except as otherwise provided in subsection 2, the

17-20 person who obtains a computer and any storage media used by the

17-21 computer pursuant to an investigative subpoena shall return the

17-22 computer and storage media to the owner within 48 hours after receiving

17-23 the computer and storage media.

17-24 2. The person who obtains a computer and any storage media used

17-25 by the computer pursuant to an investigative subpoena may retain the

17-26 computer and storage media for more than 48 hours if, after inspecting

17-27 the computer and storage media, it becomes clear that the owner or user

17-28 of the computer deleted pertinent information from the storage media

17-29 used by the computer.

17-30 Sec. 55. 1. If the owner of the computer and any storage media

17-31 used by the computer refuses to comply with an investigative subpoena,

17-32 the person who issued the subpoena may petition the district court for an

17-33 order to enforce the subpoena.

17-34 2. The district court shall issue an order to enforce the subpoena if

17-35 the court finds that the person issuing the subpoena has reasonable

17-36 grounds to believe that the evidence being sought is relevant to a felony

17-37 criminal investigation of a person other than the owner or primary user

17-38 of the computer.

17-39 Sec. 56. 1. The owner of a computer and any storage media used

17-40 by the computer is not subject to civil liability for disclosure of

17-41 confidential information based upon his compliance with an investigative

17-42 subpoena.

18-1 2. A person who issues an investigative subpoena is not subject to

18-2 civil liability for an act performed or an omission in carrying out his

18-3 duties pursuant to sections 49 to 58, inclusive, of this act.

18-4 Sec. 57. 1. Except as otherwise provided in subsection 2, any

18-5 evidence that the attorney general, a district attorney or an investigator

18-6 obtains pursuant to an investigative subpoena must not be made

18-7 available for public inspection before the attorney general or district

18-8 attorney initiates criminal proceedings based on the evidence obtained.

18-9 2. The attorney general or district attorney may make any

18-10 documentary evidence that the attorney general, a district attorney or an

18-11 investigator obtains pursuant to an investigative subpoena available to:

18-12 (a) The public, if the person who provided the evidence provides

18-13 written consent to do so; or

18-14 (b) A law enforcement officer or his agent without the consent of the

18-15 person who provided the evidence.

18-16 3. Except as otherwise provided in subsection 2, if the attorney

18-17 general, a district attorney, an investigator or another person uses

18-18 information obtained pursuant to an investigative subpoena outside the

18-19 scope of his official duties or makes such information available to the

18-20 public, he is guilty of a gross misdemeanor.

18-21 Sec. 58. 1. A person who knowingly removes, conceals, withholds,

18-22 destroys, mutilates, alters or falsifies evidence with the intent to avoid,

18-23 evade, prevent or obstruct compliance with a properly served investigative

18-24 subpoena is guilty of a gross misdemeanor.

18-25 2. The attorney general, a district attorney or an investigator shall

18-26 investigate suspected violations of this section for possible prosecution.

18-27 Sec. 59. NRS 178.572 is hereby amended to read as follows:

18-28 178.572 1. In any investigation before a grand jury, any

18-37 issued in the case.

18-38 Sec. 60. NRS 179.121 is hereby amended to read as follows:

18-39 179.121 1. All personal property, including , without limitation, any

18-41 used as an instrumentality in:

19-1 (a) The commission of or attempted commission of the crime of murder,

19-2 robbery, kidnaping, burglary, invasion of the home, grand larceny or

19-3 pandering;

19-4 (b) The commission of any crime by a criminal gang, as defined in NRS

19-5 213.1263; or

19-6 (c) A violation of NRS 200.465, 202.265, 202.287 or 465.070 to

19-7 465.085, inclusive,

19-8 is subject to forfeiture.

19-9 2. Except as otherwise provided for conveyances forfeitable pursuant

19-10 to NRS 453.301 or 501.3857, all conveyances, including aircraft, vehicles

19-11 or vessels, which are used or intended for use during the commission of a

19-12 felony or a violation of NRS 202.287, 202.300 or 465.070 to 465.085,

19-13 inclusive, are subject to forfeiture except that:

19-14 (a) A conveyance used by any person as a common carrier in the

19-15 transaction of business as a common carrier is not subject to forfeiture

19-16 under this section unless it appears that the owner or other person in charge

19-17 of the conveyance is a consenting party or privy to the felony or violation;

19-18 (b) A conveyance is not subject to forfeiture under this section by reason

19-19 of any act or omission established by the owner thereof to have been

19-20 committed or omitted without his knowledge, consent or willful blindness;

19-21 (c) A conveyance is not subject to forfeiture for a violation of NRS

19-22 202.300 if the firearm used in the violation of that section was not loaded at

19-23 the time of the violation; and

19-24 (d) A forfeiture of a conveyance encumbered by a bona fide security

19-25 interest is subject to the interest of the secured party if he neither had

19-26 knowledge of nor consented to the felony. If a conveyance is forfeited the

19-27 appropriate law enforcement agency may pay the existing balance and

19-28 retain the conveyance for official use.

19-29 3. For the purposes of this section, a firearm is loaded if:

19-30 (a) There is a cartridge in the chamber of the firearm;

19-31 (b) There is a cartridge in the cylinder of the firearm, if the firearm is a

19-32 revolver; or

19-33 (c) There is a cartridge in the magazine and the magazine is in the

19-34 firearm or there is a cartridge in the chamber, if the firearm is a

19-35 semiautomatic firearm.

19-36 Sec. 61. Chapter 209 of NRS is hereby amended by adding thereto a

19-42 forth in NRS 209.419.

20-1 3. As used in this section, "telecommunications device" means a

20-2 device that can be used by an offender to communicate with a person

20-3 outside of the institution or facility at which the offender is incarcerated.

20-4 The term includes, without limitation, a telephone, a cellular telephone

20-5 or a computer that is connected to a computer network or is otherwise

20-6 capable of communicating with a person or device outside of the facility.

20-7 Sec. 62. NRS 209.461 is hereby amended to read as follows:

20-8 209.461 1. The director shall:

20-43 residents of this state; and

21-1 (d) Provide occupational training for offenders.

21-2 3. An offender may not engage in a business that requires the

21-3 offender to telemarket or conduct opinion polls by telephone.

21-4 4. Each fiscal year, the cumulative profits and losses, if any, of the

21-5 programs for the employment of offenders established by the director must

21-6 result in a profit for the department. The following must not be included in

21-7 determining whether there is a profit for the department:

21-8 (a) Fees credited to the fund for prison industries pursuant to NRS

21-9 482.268, any revenue collected by the department for the leasing of space,

21-10 facilities or equipment within the institutions or facilities of the department

21-11 and any interest or income earned on the money in the fund for prison

21-12 industries.

21-13 (b) The selling expenses of the central administrative office of the

21-14 programs for the employment of offenders. As used in this paragraph,

21-15 "selling expenses" means delivery expenses, salaries of sales personnel and

21-16 related payroll taxes and costs, the costs of advertising and the costs of

21-17 display models.

21-18 (c) The general and administrative expenses of the central administrative

21-19 office of the programs for the employment of offenders. As used in this

21-20 paragraph, "general and administrative expenses" means the salary of the

21-21 assistant director of industrial programs and the salaries of any other

21-22 personnel of the central administrative office and related payroll taxes and

21-23 costs, the costs of telephone usage and the costs of office supplies used and

21-24 postage used.

21-25 [4. The]

21-26 5. Except as otherwise provided in subsection 3, the director may,

21-27 with the approval of the board:

21-28 (a) Lease spaces and facilities within any institution of the department to

21-29 private employers to be used for the vocational training and employment of

21-30 offenders.

21-31 (b) Grant to reliable offenders the privilege of leaving institutions or

21-32 facilities of the department at certain times for the purpose of vocational

21-33 training or employment.

21-34 [5.] 6. The provisions of this chapter do not create a right on behalf of

21-35 the offender to employment or to receive the federal or state minimum

21-36 wage for any employment and do not establish a basis for any cause of

21-37 action against the state or its officers or employees for employment of an

21-38 offender or for payment of the federal or state minimum wage to an

21-39 offender.

21-40 Sec. 63. NRS 209.4814 is hereby amended to read as follows:

21-41 209.4814 The advisory board shall:

21-43 programs for correctional institutions;

22-1 2. Submit a semiannual report to the interim finance committee before

22-2 July 1 and December 1 of each year on the status of current and proposed

22-3 industrial programs for correctional institutions;

22-4 3. Report to the legislature on any other matter relating to industrial

22-5 programs for correctional institutions which it deems appropriate;

22-6 4. Meet at least quarterly and at the call of the chairman to review the

22-7 operation of current and proposed industrial programs;

22-8 5. Recommend three persons to the director for appointment as the

22-9 assistant director for industrial programs whenever a vacancy exists; and

22-10 6. Before any new industrial program is established by the director in

22-11 an institution of the department, review the proposed program for

22-12 compliance with the requirements of subsections 2 , [and] 3 and 4 of NRS

22-13 209.461 and submit to the director its recommendations concerning the

22-14 proposed program.

22-15 7. Review each industry program established pursuant to subsection 2

22-16 of NRS 209.461 to determine whether the program is operating profitably

22-17 within 3 years after its establishment. If the advisory board determines that

22-18 a program is not operating profitably within 3 years after its establishment,

22-19 the advisory board shall report its finding to the director with

22-20 recommendation regarding whether the program should be continued or

22-21 terminated.

22-22 Sec. 64. NRS 228.120 is hereby amended to read as follows:

22-23 228.120 The attorney general may:

22-43 misdemeanor is charged; or

23-1 (b) By filing a complaint and commencing a preliminary examination

23-2 where a gross misdemeanor or felony is charged and thereafter filing an

23-3 information in the district court,

23-4 and may conduct those proceedings.

23-5 Sec. 65. Chapter 242 of NRS is hereby amended by adding thereto a

23-15 executive department of the government of this state.

23-16 Sec. 66. Chapter 244A of NRS is hereby amended by adding thereto

23-17 the provisions set forth as sections 67 and 68 of this act.

23-18 Sec. 67. "Mobile telephone service" means cellular or other service

23-19 to a telephone installed in a vehicle or otherwise portable.

23-20 Sec. 68. "Supplier" means a person authorized by the Federal

23-21 Communications Commission to provide mobile telephone service.

23-22 Sec. 69. NRS 244A.7641 is hereby amended to read as follows:

23-23 244A.7641 As used in NRS 244A.7641 to 244A.7647, inclusive,

23-26 have the meanings ascribed to them in [NRS 205.505.] those sections.

23-27 Sec. 70. NRS 711.040 is hereby amended to read as follows:

23-28 711.040 1. "Community antenna television system" means any

23-42 (a) Fewer than 50 subscribers; or

24-1 (b) Only the residents of one or more apartment dwellings under

24-2 common ownership, control or management, and commercial

24-3 establishments located on the premises of those dwellings if the buildings

24-4 are separated by not more than one public street or right of way.

24-5 3. As used in this section, "apartment dwelling" does not include a

24-6 hotel, motel, condominium, town house or other similar dwelling.

24-7 Sec. 71. NRS 711.270 is hereby amended to read as follows:

24-8 711.270 1. [Any person who knowingly: