Senate Bill No. 69–Committee on Finance

February 1, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions concerning identity fraud, false status and unlawful use of personal identifying information of another person. (BDR 15-334)

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 against property; prohibiting a person from obtaining any personal identifying information of another person and using the information to harm that other person or for any unlawful purpose; making various changes to provisions concerning identity fraud and false status; providing penalties; 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 199.480 is hereby amended to read as follows:

1-2 199.480 1. Except as otherwise provided in subsection 2, whenever

1-3 two or more persons conspire to commit murder, robbery, sexual assault,

1-4 kidnaping in the first or second degree, [or] arson in the first or second

1-5 degree, or a violation of section 2 of this act, each person is guilty of a

1-6 category B felony and shall be punished:

1-7 (a) If the conspiracy was to commit robbery, sexual assault, kidnaping in

1-8 the first or second degree , [or] arson in the first or second degree, or a

1-9 violation of section 2 of this act, by imprisonment in the state prison for a

1-10 minimum term of not less than 1 year and a maximum term of not more

1-11 than 6 years; or

1-12 (b) If the conspiracy was to commit murder, by imprisonment in the

1-13 state prison for a minimum term of not less than 2 years and a maximum

1-14 term of not more than 10 years,

1-15 and may be further punished by a fine of not more than $5,000.

2-1 2. If the conspiracy subjects the conspirators to criminal liability under

2-2 NRS 207.400, they shall be punished in the manner provided in NRS

2-3 207.400.

2-4 3. Whenever two or more persons conspire:

2-5 (a) To commit any crime other than those set forth in subsections 1 and

2, and no punishment is otherwise prescribed by law;

2-6 (b) Falsely and maliciously to procure another to be arrested or

proceeded against for a crime;

2-7 (c) Falsely to institute or maintain any action or proceeding;

2-8 (d) To cheat or defraud another out of any property by unlawful or

fraudulent means;

2-9 (e) To prevent another from exercising any lawful trade or calling, or

from doing any other lawful act, by force, threats or intimidation, or by

2-10 interfering or threatening to interfere with any tools, implements or

2-11 property belonging to or used by another, or with the use or employment

thereof;

2-12 (f) To commit any act injurious to the public health, public morals, trade

or commerce, or for the perversion or corruption of public justice or the

2-13 due administration of the law; or

2-14 (g) To accomplish any criminal or unlawful purpose, or to accomplish
a purpose, not in itself criminal or unlawful, by criminal or unlawful
2-15 means,

each person is guilty of a gross misdemeanor.

2-16 Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a

2-17 new section to read as follows:

1. A person who knowingly:

2-18 (a) Obtains any personal identifying information of another person;

and

2-19 (b) Uses the personal identifying information to harm that other

2-20 person or for any unlawful purpose, including, without limitation, to

obtain credit, a good, a service or anything of value in the name of that

2-21 person,

is guilty of a category B felony and shall be punished by imprisonment in

2-22 the state prison for a minimum term of not less than 1 year and a

2-23 maximum term of not more than 20 years, and may be further punished

by a fine of not more than $100,000.

2-24 2. In addition to any other penalty, the court shall order a person

convicted of violating subsection 1 to pay restitution, including, without

2-25 limitation, any attorney’s fees and costs incurred to:

2-26 (a) Repair the credit history or rating of the person whose personal identifying information he obtained and used in violation of subsection

2-27 1; and

2-28 (b) Satisfy a debt, lien or other obligation incurred by the person

2-29 whose personal identifying information he obtained and used in violation

of subsection 1.

2-30 3. As used in this section, "personal identifying information" has the

meaning ascribed to it in NRS 205.465.

2-31 Sec. 3. NRS 205.450 is hereby amended to read as follows:

2-32 205.450 Every person who shall falsely represent or personate another,

and, in such assumed character, shall marry another, become bail or surety

2-33 for any party, in any proceeding, civil or criminal, before any court or

officer authorized to take such bail or surety, or confess any judgment, or

2-34 acknowledge the execution of any conveyance of real property, or of any

2-35 other instrument which, by law, may be recorded, or do any other act in the

course of any suit, proceeding or prosecution, whereby the person so

2-36 represented or personated may be made liable, in any event, to the payment

of any debt, damages, cost or sum of money, or his right or interest may, in

2-37 any manner be affected, [shall be] is guilty of a [misdemeanor.] category C

2-38 felony and shall be punished as provided in NRS 193.130.

Sec. 4. NRS 205.455 is hereby amended to read as follows:

2-39 205.455 [Every] Unless a greater penalty is provided pursuant to

section 2 of this act, a person who falsely represents or personates another,

2-40 and, in such assumed character, receives any money or valuable property of

2-41 any description intended to be delivered to the person so personated, shall

be punished in the same manner and to the same extent as [for feloniously

2-42 stealing] if he stole the money or property so received.

Sec. 5. NRS 205.465 is hereby amended to read as follows:

2-43 205.465 1. It is unlawful for a person to possess, sell or transfer any

2-44 document or personal identifying information for the purpose of

establishing a false status, occupation, membership, license or identity for

2-45 himself or any other person.

2. A person who [sells] :

2-46 (a) Sells or transfers any such document or personal identifying

2-47 information in violation of subsection 1; or

(b) Possesses any such document or personal identifying information

2-48 in violation of subsection 1 to commit any of the crimes set forth in NRS

205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.610

2-49 to 205.810, inclusive,

2-50 is guilty of a category C felony and shall be punished as provided in NRS

193.130. [A]

2-51 3. Except as otherwise provided in subsection 2, a person who

possesses any such document or personal identifying information in

2-52 violation of subsection 1 is guilty of a misdemeanor.

[3.] 4. Subsection 1 does not:

3-1 (a) Preclude the adoption by a city or county of an ordinance prohibiting

the possession of any such document [.] or personal identifying

3-2 information; or

3-3 (b) Prohibit the possession or use of [those documents] any such

document or personal identifying information by officers of local police,

3-4 sheriff and metropolitan police departments and by agents of the

investigation division of the department of motor vehicles and public safety

3-5 while engaged in undercover investigations [relating to narcotics or

3-6 prostitution.] related to the lawful discharge of their duties.

5. As used in this section:

3-7 (a) "Document" includes, without limitation, a photocopy print,

photostat and other replica of a document.

3-8 (b) "Personal identifying information" means any information

3-9 designed, commonly used or capable of being used, alone or in

conjunction with any other information, to identify a person, including,

3-10 without limitation:

(1) The name, driver’s license number, social security number,

3-11 savings account number, credit card number, date of birth, place of

3-12 employment and maiden name of the mother of a person; and

(2) The fingerprints, voiceprint, retina image and iris image of a

3-13 person.

Sec. 6. The amendatory provisions of this act do not apply to offenses

3-14 that are committed before October 1, 1999.

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