Assembly Bill No. 162–Assemblymen Brown, Oceguera, Cegavske, Angle, Bache, Brower, Carpenter, Lee, Marvel, Mortenson and Von Tobel

 

Joint Sponsors: Senators Rawson, Porter and O’Connell

 

CHAPTER..........

 

AN ACT relating to crimes against property; revising the provisions governing actions which constitute theft to include the theft of parts, products or other items related to certain services under certain circumstances and to include theft of gasoline or other fuel or automotive products; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 205.0832 is hereby amended to read as follows:

   205.0832  [A]

   1.  Except as otherwise provided in subsection 2, a person commits

 theft if, without lawful authority, he knowingly:

   [1.] (a) Controls any property of another person with the intent to

 deprive that person of the property.

   [2.] (b)Converts, makes an unauthorized transfer of an interest in, or

 without authorization controls any property of another person, or uses the

 services or property of another person entrusted to him or placed in his

 possession for a limited, authorized period of determined or prescribed

 duration or for a limited use.

   [3.] (c) Obtains real, personal or intangible property or the services of

 another person by a material misrepresentation with intent to deprive that

 person of the property or services. As used in this subsection, “material

 misrepresentation” means the use of any pretense, or the making of any

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

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

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

 verbal or it may be a physical act.

   [4.] (d)Comes into control of lost, mislaid or misdelivered property of

 another person under circumstances providing means of inquiry as to the

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

 person without reasonable efforts to notify the true owner.

   [5.] (e)Controls property of another person knowing or having reason

 to know that the property was stolen.

   [6.] (f)Obtains services or parts, products or other items related to

 such services which he knows are available only for compensation

 without paying or agreeing to pay compensation or diverts the services of

 another person to his own benefit or that of another person without lawful

 authority to do so.

   [7.] (g)Takes, destroys, conceals or disposes of property in which

 another person has a security interest, with intent to defraud that person.

   [8.] (h)Commits any act that is declared to be theft by a specific

 statute.

   [9.] (i)Draws or passes a check, and in exchange obtains property or

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

   (j) Obtains gasoline or other fuel or automotive products which is

available only for compensation without paying or agreeing to pay

 compensation.

   2.  A person who commits an act that is prohibited by subsection 1

 which involves the repair of a vehicle has not committed theft unless,

 before the repair was made, he received a written estimate of the cost of

 the repair.

   Sec. 2.  NRS 205.466 is hereby amended to read as follows:

   205.466  1.  A district attorney may create within his office a program

 for restitution for persons referred to the district attorney by a law

 enforcement officer who has probable cause to believe the person violated

 paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or

 205.380. The program may be conducted by the district attorney in

 conjunction with the county sheriff, police department or any other law

 enforcement agency in whose jurisdiction a violation of paragraph (i) of

 subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380 has

 occurred, or by a private entity under contract with the district attorney.

   2.  The district attorney may adopt standards for the law enforcement

 agency which indicate the minimum requirements of investigation by the

 agency for its referral of a person to the district attorney for acceptance in

 the program.

   3.  If such a person is referred to the district attorney, the district

 attorney shall determine if the person is appropriate for acceptance in the

 program. The district attorney may consider:

   (a) The amount of the check or draft drawn or passed without sufficient

 money or credit to pay it in full;

   (b) The prior criminal record of the person;

   (c) Prior referrals of the person to the program;

   (d) The number of times the person has violated paragraph (i) of

 subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or 205.380;

   (e) Whether other allegations of drawing or passing checks or drafts

 without sufficient money or credit to pay them in full are pending against

 the person; and

   (f) The strength of the evidence, if any, of the person’s intent to defraud

 the alleged victim.

   4.  Except as otherwise provided in NRS 205.469, this section does not

 limit the authority of the district attorney to prosecute violations of

 paragraph (i) of subsection [9] 1 of NRS 205.0832 [,] or NRS 205.130 or

 205.380.

   Sec. 3.  The amendatory provisions of this act do not apply to offenses

 committed before October 1, 2001.

 

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