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
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: 199.480 1. Except as otherwise provided in subsection 2, whenever1-3
two or more persons conspire to commit murder, robbery, sexual assault,1-4
kidnaping in the first or second degree,1-5
degree, or a violation of section 2 of this act, each person is guilty of a1-6
category B felony and shall be punished:1-7
(a) If the conspiracy was to commit robbery, sexual assault, kidnaping in1-8
the first or second degree ,1-9
violation of section 2 of this act, by imprisonment in the state prison for a1-10
minimum term of not less than 1 year and a maximum term of not more1-11
than 6 years; or1-12
(b) If the conspiracy was to commit murder, by imprisonment in the1-13
state prison for a minimum term of not less than 2 years and a maximum1-14
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 under2-2
NRS 207.400, they shall be punished in the manner provided in NRS2-3
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 and2-6
2, and no punishment is otherwise prescribed by law;2-7
(b) Falsely and maliciously to procure another to be arrested or2-8
proceeded against for a crime;2-9
(c) Falsely to institute or maintain any action or proceeding;2-10
(d) To cheat or defraud another out of any property by unlawful or2-11
fraudulent means;2-12
(e) To prevent another from exercising any lawful trade or calling, or2-13
from doing any other lawful act, by force, threats or intimidation, or by2-14
interfering or threatening to interfere with any tools, implements or2-15
property belonging to or used by another, or with the use or employment2-16
thereof;2-17
(f) To commit any act injurious to the public health, public morals, trade2-18
or commerce, or for the perversion or corruption of public justice or the2-19
due administration of the law; or2-20
(g) To accomplish any criminal or unlawful purpose, or to accomplish2-23
each person is guilty of a gross misdemeanor.2-24
Sec. 2. Chapter 205 of NRS is hereby amended by adding thereto a2-25
new section to read as follows:2-26
1. A person who knowingly:2-27
(a) Obtains any personal identifying information of another person;2-28
and2-29
(b) Uses the personal identifying information to harm that other2-30
person or for any unlawful purpose, including, without limitation, to2-31
obtain credit, a good, a service or anything of value in the name of that2-32
person,2-33
is guilty of a category B felony and shall be punished by imprisonment in2-34
the state prison for a minimum term of not less than 1 year and a2-35
maximum term of not more than 20 years, and may be further punished2-36
by a fine of not more than $100,000.2-37
2. In addition to any other penalty, the court shall order a person2-38
convicted of violating subsection 1 to pay restitution, including, without2-39
limitation, any attorney’s fees and costs incurred to:2-40
(a) Repair the credit history or rating of the person whose personal2-41
identifying information he obtained and used in violation of subsection2-42
1; and3-1
(b) Satisfy a debt, lien or other obligation incurred by the person3-2
whose personal identifying information he obtained and used in violation3-3
of subsection 1.3-4
3. As used in this section, "personal identifying information" has the3-5
meaning ascribed to it in NRS 205.465.3-6
Sec. 3. NRS 205.450 is hereby amended to read as follows:3-7
205.450 Every person who shall falsely represent or personate another,3-8
and, in such assumed character, shall marry another, become bail or surety3-9
for any party, in any proceeding, civil or criminal, before any court or3-10
officer authorized to take such bail or surety, or confess any judgment, or3-11
acknowledge the execution of any conveyance of real property, or of any3-12
other instrument which, by law, may be recorded, or do any other act in the3-13
course of any suit, proceeding or prosecution, whereby the person so3-14
represented or personated may be made liable, in any event, to the payment3-15
of any debt, damages, cost or sum of money, or his right or interest may, in3-16
any manner be affected,3-17
felony and shall be punished as provided in NRS 193.130.3-18
Sec. 4. NRS 205.455 is hereby amended to read as follows: 205.4553-20
section 2 of this act, a person who falsely represents or personates another,3-21
and, in such assumed character, receives any money or valuable property of3-22
any description intended to be delivered to the person so personated, shall3-23
be punished in the same manner and to the same extent as3-24
3-25
Sec. 5. NRS 205.465 is hereby amended to read as follows:3-26
205.465 1. It is unlawful for a person to possess, sell or transfer any3-27
document or personal identifying information for the purpose of3-28
establishing a false status, occupation, membership, license or identity for3-29
himself or any other person.3-30
2. A person who3-31
(a) Sells or transfers any such document or personal identifying3-32
information in violation of subsection 1; or3-33
(b) Possesses any such document or personal identifying information3-34
in violation of subsection 1 to commit any of the crimes set forth in NRS3-35
205.085 to 205.217, inclusive, 205.473 to 205.491, inclusive, or 205.6103-36
to 205.810, inclusive,3-37
is guilty of a category C felony and shall be punished as provided in NRS3-38
193.130.3-39
3. Except as otherwise provided in subsection 2, a person who3-40
possesses any such document or personal identifying information in3-41
violation of subsection 1 is guilty of a misdemeanor.4-1
4-2
(a) Preclude the adoption by a city or county of an ordinance prohibiting4-3
the possession of any such document4-4
information; or4-5
(b) Prohibit the possession or use of4-6
document or personal identifying information by officers of local police,4-7
sheriff and metropolitan police departments and by agents of the4-8
investigation division of the department of motor vehicles and public safety4-9
while engaged in undercover investigations4-10
4-11
5. As used in this section:4-12
(a) "Document" includes, without limitation, a photocopy print,4-13
photostat and other replica of a document.4-14
(b) "Personal identifying information" means any information4-15
designed, commonly used or capable of being used, alone or in4-16
conjunction with any other information, to identify a person, including,4-17
without limitation:4-18
(1) The name, driver’s license number, social security number,4-19
savings account number, credit card number, date of birth, place of4-20
employment and maiden name of the mother of a person; and4-21
(2) The fingerprints, voiceprint, retina image and iris image of a4-22
person.4-23
Sec. 6. The amendatory provisions of this act do not apply to offenses4-24
that are committed before the effective date of this act.4-25
Sec. 7. This act becomes effective upon passage and approval.~