Assembly Bill No. 306–Committee on Judiciary

 

March 8, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions concerning interception and disclosure of wire, radio or oral communications. (BDR 15‑1303)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to crimes; revising the provisions concerning the interception and disclosure of wire, radio or oral communications; 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 199.540 is hereby amended to read as follows:

1-2    199.540  1.  It is unlawful for an officer or employee of a court or law

1-3  enforcement agency, or any employee of a communications common

1-4  carrier, landlord, custodian or other person who is ordered pursuant to

1-5  subsection 2 of NRS 179.475 to furnish information, facilities and

1-6  technical assistance necessary to accomplish an authorized interception of

1-7  a wire , radio or oral communication, having knowledge that an order has

1-8  been applied for or has been issued authorizing the interception of a wire ,

1-9  radio or oral communication in accordance with NRS 179.410 to 179.515,

1-10  inclusive, and sections 8 and 9 of this act, to:

1-11    (a) Give notice of the interception; or

1-12    (b) Attempt to give notice of the interception,

1-13  to any person with the intent to obstruct, impede or prevent the interception

1-14  of the wire , radio or oral communication.

1-15    2.  It is unlawful for an officer or employee of a court or law

1-16  enforcement agency, or any employee of a communications common

1-17  carrier, landlord, custodian or other person who is ordered pursuant to

1-18  subsection 2 of NRS 179.475 to furnish information, facilities and

1-19  technical assistance necessary to accomplish an authorized interception of

1-20  a wire , radio or oral communication, having knowledge that an order has

1-21  been applied for or has been issued authorizing the use of a pen register or

1-22  trap and trace device to:

1-23    (a) Give notice of the use of the pen register or device; or

2-1    (b) Attempt to give notice of the use of the pen register
or device,

2-2  to any person with the intent to obstruct, impede or prevent that use.

2-3    3.  A person who violates any provision of subsection 1 or 2 is guilty of

2-4  a category D felony and shall be punished as provided in NRS 193.130.

2-5    4.  As used in this section:

2-6    (a) “Communications common carrier” has the meaning ascribed to it

2-7  in section 8 of this act.

2-8    (b) “Interception” has the meaning ascribed to the term “intercept” in

2-9  NRS 179.430.

2-10    (c) “Oral communication” has the meaning ascribed to it in NRS

2-11  179.440.

2-12    (d) “Radio communication” has the meaning ascribed to it in section

2-13  9 of this act.

2-14    (e) “Wire communication” has the meaning ascribed to it in NRS

2-15  179.455.

2-16    Sec. 2.  NRS 200.610 is hereby amended to read as follows:

2-17    200.610  As used in NRS 200.610 to 200.690, inclusive:

2-18    1.  [“Person” includes public officials and law enforcement officers of

2-19  the state and of a county or municipality or other political subdivision of

2-20  the state.

2-21    2.  “Wire communication” means the transmission of writing, signs,

2-22  signals, pictures and sounds of all kinds by wire, cable, or other similar

2-23  connection between the points of origin and reception of such transmission,

2-24  including all facilities and services incidental to such transmission, which

2-25  facilities and services include, among other things, the receipt, forwarding

2-26  and delivering of communications.

2-27    3.   “Radio communication” means the transmission of writing, signs,

2-28  signals, pictures, and sounds of all kinds by radio or other wireless

2-29  methods, including all facilities and services incidental to such

2-30  transmission, which facilities and services include, among other things, the

2-31  receipt, forwarding and delivering of communications. The term does not

2-32  include the transmission of writing, signs, signals, pictures and sounds

2-33  broadcast by amateurs or public or municipal agencies of the State of

2-34  Nevada, or by others for the use of the general public.] “Contents” has the

2-35  meaning ascribed to it in NRS 179.420.

2-36    2.  “Intercept” has the meaning ascribed to it in NRS 179.430.

2-37    3.  “Oral communication” has the meaning ascribed to it in NRS

2-38  179.440.

2-39    4.  “Person” has the meaning ascribed to it in NRS 179.445.

2-40    5.  “Radio communication” has the meaning ascribed to it in section

2-41  9 of this act.

2-42    6.  “Wire communication” has the meaning ascribed to it in NRS

2-43  179.455.

2-44    Sec. 3.  NRS 200.620 is hereby amended to read as follows:

2-45    200.620  1.  Except as otherwise provided in subsection 2 or NRS

2-46  179.410 to 179.515, inclusive, and sections 8 and 9 of this act, 209.419

2-47  and 704.195, it is unlawful for any person to intercept or attempt to

2-48  intercept any wire or radio communication unless[:

3-1    (a) The] the interception or attempted interception is made with the

3-2  prior consent [of one] of the parties to the communication.

3-3    2.  A person may intercept or attempt to intercept a wire or radio

3-4  communication if:

3-5    (a) The interception or attempted interception is made with the prior

3-6  consent of one of the parties to the communication; and

3-7    (b) An emergency situation exists and it is impractical to obtain a court

3-8  order as required by NRS 179.410 to 179.515, inclusive, and sections 8

3-9  and 9 of this act before the interception, in which event the interception is

3-10  subject to the requirements of subsection [3.] 4. If the application for

3-11  ratification is denied, any use or disclosure of the information so

3-12  intercepted is unlawful, and the person who made the interception shall

3-13  notify the sender and the receiver of the communication that:

3-14      (1) The communication was intercepted; and

3-15      (2) Upon application to the court, ratification of the interception was

3-16  denied.

3-17    [2.] 3. This section does not apply to any person, or to the officers,

3-18  employees or agents of any person, engaged in the business of providing

3-19  service and facilities for wire or radio communication where the

3-20  interception or attempted interception is to construct, maintain, conduct or

3-21  operate the service or facilities of that person.

3-22    [3.] 4. Any person who has made an interception in an emergency

3-23  situation as provided in [paragraph (b) of subsection 1] subsection 2 shall,

3-24  within 72 hours of the interception, make a written application to a justice

3-25  of the supreme court or district judge for ratification of the interception.

3-26  The interception must not be ratified unless the applicant shows that:

3-27    (a) An emergency situation existed and it was impractical to obtain a

3-28  court order before the interception; and

3-29    (b) Except for the absence of a court order, the interception met the

3-30  requirements of NRS 179.410 to 179.515, inclusive[.

3-31    4.] , and sections 8 and 9 of this act.

3-32    5. NRS 200.610 to 200.690, inclusive, do not prohibit the recording,

3-33  and NRS 179.410 to 179.515, inclusive, and sections 8 and 9 of this act do

3-34  not prohibit the reception in evidence, of conversations on wire or radio

3-35  communications installed in the office of an official law enforcement or

3-36  fire-fighting agency, or a public utility, if the equipment used for the

3-37  recording is installed in a facility for wire or radio communications or on a

3-38  telephone with a number listed in a directory, on which emergency calls or

3-39  requests by a person for response by the law enforcement or fire-fighting

3-40  agency or public utility are likely to be received. In addition, those sections

3-41  do not prohibit the recording or reception in evidence of conversations

3-42  initiated by the law enforcement or fire-fighting agency or public utility

3-43  from such a facility or telephone in connection with responding to the

3-44  original call or request, if the agency or public utility informs the other

3-45  party that the conversation is being recorded.

3-46    Sec. 4.  NRS 200.630 is hereby amended to read as follows:

3-47    200.630  1.  Except as otherwise provided in NRS 179.410 to

3-48  179.515, inclusive, and sections 8 and 9 of this act and 704.195, a person

3-49  shall not disclose the [existence, content, substance, purport, effect or

4-1  meaning] contents of any wire or radio communication to any person

4-2  unless [authorized to do so by either the sender or receiver.] the disclosure

4-3  is made with the prior consent of the parties to the communication.

4-4    2.  This section does not apply to any person, or the officers, employees

4-5  or agents of any person, engaged in furnishing service or facilities for wire

4-6  or radio communication where the disclosure is made:

4-7    (a) For the purpose of construction, maintenance, conduct or operation

4-8  of the service or facilities of such a person;

4-9    (b) To the intended receiver, his agent or attorney;

4-10    (c) In response to a subpoena issued by a court of competent

4-11  jurisdiction; or

4-12    (d) On written demand of other lawful authority.

4-13    Sec. 5.  NRS 200.650 is hereby amended to read as follows:

4-14    200.650  1.  Except as otherwise provided in NRS 179.410 to

4-15  179.515, inclusive, and sections 8 and 9 of this act and 704.195, [a person

4-16  shall not intrude upon the privacy of other persons by surreptitiously

4-17  listening to, monitoring or recording, or attempting to listen to, monitor or

4-18  record,] it is unlawful for any person to intercept or attempt to intercept,

4-19  by means of any [mechanical,] electronic , mechanical or other [listening]

4-20  device, any [private conversation] oral communication engaged in by [the]

4-21  other persons, or to disclose the [existence, content, substance, purport,

4-22  effect or meaning] contents of any [conversation so listened to, monitored

4-23  or recorded, unless authorized to do so by one of the persons engaging in

4-24  the conversation.] oral communication so intercepted, unless the

4-25  interception, attempted interception or disclosure is made with the prior

4-26  consent of the parties to the communication.

4-27    2.  “Electronic, mechanical or other device” has the meaning

4-28  ascribed to it in NRS 179.425.

4-29    Sec. 6.  NRS 200.690 is hereby amended to read as follows:

4-30    200.690  1.  A person who willfully and knowingly violates NRS

4-31  200.620 to 200.650, inclusive:

4-32    (a) Shall be punished for a category D felony as provided in NRS

4-33  193.130.

4-34    (b) Is liable to [a] each person whose wire , radio or oral

4-35  communication is intercepted without his prior consent for:

4-36      (1) Actual damages or liquidated damages of $100 per day of

4-37  violation but not less than $1,000, whichever is greater;

4-38      (2) Punitive damages; and

4-39      (3) His costs reasonably incurred in the action, including a reasonable

4-40  attorney’s fee,

4-41  all of which may be recovered by civil action.

4-42    2.  A good faith reliance by a public utility on a written request for

4-43  interception by one party to a conversation is a complete defense to any

4-44  civil or criminal action brought against the public utility on account of the

4-45  interception.

4-46    Sec. 7.  Chapter 179 of NRS is hereby amended by adding thereto the

4-47  provisions set forth as sections 8 and 9 of this act.

5-1    Sec. 8.  “Communications common carrier” means any person who

5-2  provides a service that allows a user or subscriber to send or receive a

5-3  wire, radio or oral communication.

5-4    Sec. 9. 1.  “Radio communication” means the transmission of

5-5  writing, signs, signals, pictures, and sounds of all kinds by radio or other

5-6  wireless methods, including all facilities and services incidental to such

5-7  transmission, which facilities and services include, without limitation, the

5-8  receiving, forwarding and delivering of communications.

5-9    2.  The term does not include the transmission of writing, signs,

5-10  signals, pictures and sounds broadcasted by:

5-11    (a) Amateurs;

5-12    (b) The State of Nevada or a political subdivision of the State of

5-13  Nevada; or

5-14    (c) Another person for the use of the general public.

5-15    Sec. 10.  NRS 179.410 is hereby amended to read as follows:

5-16    179.410  As used in NRS 179.410 to 179.515, inclusive, and sections 8

5-17  and 9 of this act, except where the context otherwise requires, the words

5-18  and terms defined in NRS 179.415 to 179.455, inclusive, and sections 8

5-19  and 9 of this act, have the meanings ascribed to them in those sections.

5-20    Sec. 11.  NRS 179.415 is hereby amended to read as follows:

5-21    179.415  “Aggrieved person” means a person who was a party to any

5-22  intercepted wire , radio or oral communication or a person against whom

5-23  the interception was directed.

5-24    Sec. 12.  NRS 179.420 is hereby amended to read as follows:

5-25    179.420  “Contents” when used with respect to any wire , radio or oral

5-26  communication includes any information concerning the identity of the

5-27  parties to such communication or the existence, substance, purport or

5-28  meaning of that communication.

5-29    Sec. 13.  NRS 179.425 is hereby amended to read as follows:

5-30    179.425  “Electronic, mechanical[,] or other device” means any device

5-31  or apparatus which can be used to intercept a wire , radio or oral

5-32  communication other than:

5-33    1.  Any telephone or telegraph instrument, equipment or facility, or any

5-34  component thereof:

5-35    (a) Furnished to the subscriber or user by a communications common

5-36  carrier in the ordinary course of its business and being used by the

5-37  subscriber or user in the ordinary course of its business; or

5-38    (b) Being used by a communications common carrier in the ordinary

5-39  course of its business, or by an investigative or law enforcement officer in

5-40  the ordinary course of his duties.

5-41    2.  A hearing aid or similar device being used to correct subnormal

5-42  hearing to not better than normal.

5-43    Sec. 14.  NRS 179.430 is hereby amended to read as follows:

5-44    179.430  “Intercept” means the aural or other acquisition of the

5-45  contents of any wire , radio or oral communication through the use of any

5-46  electronic, mechanical or other device or of any sending or receiving

5-47  equipment.

 

 

6-1    Sec. 15.  NRS 179.460 is hereby amended to read as follows:

6-2    179.460  1.  The attorney general or the district attorney of any county

6-3  may apply to a supreme court justice or to a district judge in the county

6-4  where the interception is to take place for an order authorizing the

6-5  interception of wire , radio or oral communications, and the judge may, in

6-6  accordance with NRS 179.470 to 179.515, inclusive, grant an order

6-7  authorizing the interception of wire , radio or oral communications by

6-8  investigative or law enforcement officers having responsibility for the

6-9  investigation of the offense as to which the application is made, when the

6-10  interception may provide evidence of the commission of murder,

6-11  kidnapping, robbery, extortion, bribery, destruction of public property by

6-12  explosives, a sexual offense against a child or the commission of any

6-13  offense which is made a felony by the provisions of chapter 453 or 454 of

6-14  NRS.

6-15    2.  A good faith reliance by a public utility on a court order [shall

6-16  constitute] constitutes a complete defense to any civil or criminal action

6-17  brought against the public utility on account of any interception made

6-18  pursuant to the order.

6-19    3.  As used in this section, “sexual offense against a child” includes any

6-20  act upon a child constituting:

6-21    (a) Incest pursuant to NRS 201.180;

6-22    (b) Lewdness with a child pursuant to NRS 201.230;

6-23    (c) Annoyance or molestation of a child pursuant to NRS 207.260;

6-24    (d) Sado-masochistic abuse pursuant to NRS 201.262;

6-25    (e) Sexual assault pursuant to NRS 200.366;

6-26    (f) Statutory sexual seduction pursuant to NRS 200.368; or

6-27    (g) Open or gross lewdness pursuant to NRS 201.210.

6-28    Sec. 16.  NRS 179.465 is hereby amended to read as follows:

6-29    179.465  1.  Any investigative or law enforcement officer who, by any

6-30  means authorized by NRS 179.410 to 179.515, inclusive, and sections 8

6-31  and 9 of this act or 704.195 or 18 U.S.C. §§ 2510 to 2520, inclusive, has

6-32  obtained knowledge of the contents of any wire , radio or oral

6-33  communication, or evidence derived therefrom, may disclose the contents

6-34  to another investigative or law enforcement officer or use the contents to

6-35  the extent that the disclosure or use is appropriate to the proper

6-36  performance of the official duties of the officer making or receiving the

6-37  disclosure.

6-38    2.  Any person who has received, by any means authorized by NRS

6-39  179.410 to 179.515, inclusive, and sections 8 and 9 of this act or 704.195

6-40  or 18 U.S.C. §§ 2510 to 2520, inclusive, or by a statute of another state,

6-41  any information concerning a wire , radio or oral communication, or

6-42  evidence derived therefrom intercepted in accordance with the provisions

6-43  of NRS 179.410 to 179.515, inclusive, and sections 8 and 9 of this act

6-44  may disclose the contents of that communication or the derivative evidence

6-45  while giving testimony under oath or affirmation in any criminal

6-46  proceeding in any court or before any grand jury in this state, or in any

6-47  court of the United States or of any state, or in any federal or state grand

6-48  jury proceeding.

7-1    3.  An otherwise privileged wire , radio or oral communication

7-2  intercepted in accordance with, or in violation of, the provisions of NRS

7-3  179.410 to 179.515, inclusive, and sections 8 and 9 of this act or 18

7-4  U.S.C. §§ 2510 to 2520, inclusive, does not lose its privileged character.

7-5    4.  When an investigative or law enforcement officer engaged in

7-6  intercepting wire , radio or oral communications as authorized by NRS

7-7  179.410 to 179.515, inclusive, and sections 8 and 9 of this act intercepts

7-8  wire , radio or oral communications relating to offenses other than those

7-9  specified in the order provided for in NRS 179.460, the contents of the

7-10  communications and the evidence derived therefrom may be disclosed or

7-11  used as provided in subsection 1. The direct evidence derived from the

7-12  communications is inadmissible in a criminal proceeding, but any other

7-13  evidence obtained as a result of knowledge obtained from the

7-14  communications may be disclosed or used as provided in subsection 2

7-15  when authorized or approved by a justice of the supreme court or district

7-16  judge who finds upon application made as soon as practicable that the

7-17  contents of the communications were intercepted in accordance with the

7-18  provisions of NRS 179.410 to 179.515, inclusive, and sections 8 and 9 of

7-19  this act or 18 U.S.C. §§ 2510 to 2520, inclusive.

7-20    Sec. 17.  NRS 179.470 is hereby amended to read as follows:

7-21    179.470  1.  Each application for an order authorizing the interception

7-22  of a wire , radio or oral communication must be made in writing upon oath

7-23  or affirmation to a justice of the supreme court or district judge and must

7-24  state the applicant’s authority to make such application. Each application

7-25  must include the following information:

7-26    (a) The identity of the investigative or law enforcement officer making

7-27  the application, and the officer authorizing the application.

7-28    (b) A full and complete statement of the facts and circumstances relied

7-29  upon by the applicant to justify his belief that an order should be issued,

7-30  including:

7-31      (1) Details as to the particular offense that is being, has been or is

7-32  about to be committed.

7-33      (2) A particular description of the nature and location of the facilities

7-34  from which or the place where the communication is to be intercepted, the

7-35  facilities to be used and the means by which such interception is to be

7-36  made.

7-37      (3) A particular description of the type of communications sought to

7-38  be intercepted.

7-39      (4) The identity of the person, if known, who is committing, has

7-40  committed or is about to commit an offense and whose communications

7-41  are to be intercepted.

7-42    (c) A full and complete statement as to whether or not other

7-43  investigative procedures have been tried and failed or why they reasonably

7-44  appear to be unlikely to succeed if tried or to be too dangerous.

7-45    (d) A statement of the period of time for which the interception is

7-46  required to be maintained. If the nature of the investigation is such that the

7-47  authorization for interception should not automatically terminate when the

7-48  described type of communication has been obtained, a particular

8-1  description of facts establishing probable cause to believe that additional

8-2  communications of the same type will occur thereafter.

8-3    (e) A full and complete statement of the facts concerning all previous

8-4  applications known to the person authorizing and making the application

8-5  made to any judge for authorization to intercept wire , radio or oral

8-6  communications involving any of the same persons, facilities or places

8-7  specified in the application, and the action taken by the judge on each such

8-8  application.

8-9    (f) Where the application is for the extension of an order, a statement

8-10  setting forth the results thus far obtained from the interception, or a

8-11  reasonable explanation of the failure to obtain such results.

8-12    2.  The judge may require the applicant to furnish additional testimony

8-13  or documentary evidence under oath or affirmation in support of the

8-14  application. Oral testimony must be reduced to writing.

8-15    3.  Upon such application the judge may enter an ex parte order, as

8-16  requested or as modified, authorizing interception of wire , radio or oral

8-17  communications within the territorial jurisdiction of the court in which the

8-18  judge is sitting, if the judge determines on the basis of the facts submitted

8-19  by the applicant that:

8-20    (a) There is probable cause for belief that a person is committing, has

8-21  committed or is about to commit an offense for which interception is

8-22  authorized by NRS 179.460.

8-23    (b) There is probable cause for belief that particular communications

8-24  concerning that offense will be obtained through such interception.

8-25    (c) Normal investigative procedures have been tried and have failed or

8-26  reasonably appear to be unlikely to succeed if tried or appear to be too

8-27  dangerous.

8-28    (d) There is probable cause for belief that the facilities from which, or

8-29  the place where, the wire , radio or oral communications are to be

8-30  intercepted are being used or are about to be used by such person in

8-31  connection with the commission of such offense or are leased to, listed in

8-32  the name of, or commonly used by such person.

8-33    Sec. 18.  NRS 179.475 is hereby amended to read as follows:

8-34    179.475  1.  Each order authorizing the interception of any wire ,

8-35  radio or oral communication [shall] must specify:

8-36    (a) The identity of the person, if known, whose communications are to

8-37  be intercepted.

8-38    (b) The nature and location of the place where or communication

8-39  facilities to which authority to intercept is granted, the facilities to be used

8-40  and the means by which such interceptions [shall] are to be made.

8-41    (c) A particular description of the type of communication sought to be

8-42  intercepted, and a statement of the particular offense to which it relates.

8-43    (d) The identity of the agency authorized to intercept the

8-44  communications, and of the person authorizing the application.

8-45    (e) The period of time during which such interception is authorized,

8-46  including a statement as to whether or not the interception [shall] must

8-47  automatically terminate when the described communication has been first

8-48  obtained.

9-1    2.  An order authorizing the interception of a wire , radio or oral

9-2  communication [shall,] must, upon request of the applicant, direct that a

9-3  communications common carrier, landlord, custodian or other person shall

9-4  furnish the applicant forthwith all information, facilities, and technical

9-5  assistance necessary to accomplish the interception unobtrusively and with

9-6  a minimum of interference with the services that such carrier, landlord,

9-7  custodian, or person is according the person whose communications are to

9-8  be intercepted. Any communications common carrier, landlord, custodian

9-9  or other person furnishing such facilities or technical assistance [shall]

9-10  must be compensated therefor by the applicant at the prevailing rates.

9-11    3.  No order entered under this section may authorize the interception

9-12  of any wire , radio or oral communication for any period longer than is

9-13  necessary to achieve the objective of the authorization, and in no event

9-14  longer than 30 days. Extensions of an order may be granted, but only upon

9-15  application for an extension made in accordance with the procedures

9-16  provided in NRS 179.470. The period of extension [shall] must be no

9-17  longer than the authorizing judge deems necessary to achieve the purposes

9-18  for which it was granted and in no event for longer than 30 days. Every

9-19  order and extension thereof [shall] must contain a provision that the

9-20  authorization to intercept [shall] must be executed as soon as practicable,

9-21  [shall] must be conducted in such a way as to minimize the interception of

9-22  communications not otherwise subject to interception under this statute,

9-23  and [shall] must terminate upon attainment of the authorized objective, or

9-24  in any event in 30 days.

9-25    Sec. 19.  NRS 179.485 is hereby amended to read as follows:

9-26    179.485  The contents of any wire , radio or oral communication

9-27  intercepted by any means authorized by NRS 179.410 to 179.515,

9-28  inclusive, [shall,] and sections 8 and 9 of this act, must, if possible, be

9-29  recorded on tape or wire or other comparable device. The recording of the

9-30  contents of any wire , radio or oral communication [under] pursuant to

9-31  this section [shall] must be done in such a way as will protect the recording

9-32  from editing or other alterations. Immediately upon the expiration of the

9-33  period of the order, or extensions thereof, such recordings [shall] must be

9-34  made available to the judge issuing such order and sealed under his

9-35  directions. Custody of the recordings [shall] must be placed with

9-36  whomever the judge directs. [They shall] The recordings must not be

9-37  destroyed except upon an order of the judge issuing such order and in any

9-38  event [shall] must be kept for 10 years. Duplicate recordings may be made

9-39  for use or disclosure pursuant to the provisions of subsection 1 of NRS

9-40  179.465 for investigations. The presence of the seal provided for by this

9-41  section, or a satisfactory explanation for the absence thereof, is a

9-42  prerequisite for the use or disclosure of the contents of any wire , radio or

9-43  oral communication or evidence derived therefrom [under] pursuant to

9-44  subsection 2 of NRS 179.465.

9-45    Sec. 20.  NRS 179.495 is hereby amended to read as follows:

9-46    179.495  1.  Within a reasonable time but not later than 90 days after

9-47  the termination of the period of an order or any extension thereof, the judge

9-48  who issued the order shall cause to be served on the chief of the

9-49  investigation division of the department of motor vehicles and public

10-1  safety, persons named in the order and any other parties to intercepted

10-2  communications, an inventory which must include notice of:

10-3    (a) The fact of the entry and a copy of the order.

10-4    (b) The fact that during the period wire , radio or oral communications

10-5  were or were not intercepted.

10-6  The inventory filed pursuant to this section is confidential and must not be

10-7  released for inspection unless subpoenaed by a court of competent

10-8  jurisdiction.

10-9    2.  The judge, upon receipt of a written request from any person who

10-10  was a party to an intercepted communication or from the person’s attorney,

10-11  shall make available to the person or his counsel those portions of the

10-12  intercepted communications which contain his conversation. On an ex

10-13  parte showing of good cause to a district judge, the serving of the inventory

10-14  required by this section may be postponed for such time as the judge may

10-15  provide.

10-16  Sec. 21.  NRS 179.500 is hereby amended to read as follows:

10-17  179.500  The contents of any intercepted wire , radio or oral

10-18  communication or evidence derived therefrom [shall] must not be received

10-19  in evidence or otherwise disclosed in any trial, hearing or other proceeding

10-20  in any court of this state unless each party, not less than 10 days before the

10-21  trial, hearing or proceeding, has been furnished with a copy of the court

10-22  order and accompanying application under which the interception was

10-23  authorized and a transcript of any communications intercepted. Such 10-

10-24  day period may be waived by the judge if he finds that it was not possible

10-25  to furnish the party with such information 10 days before the trial, hearing

10-26  or proceeding and that the party will not be prejudiced by the delay in

10-27  receiving such information.

10-28  Sec. 22.  NRS 179.505 is hereby amended to read as follows:

10-29  179.505  1.  Any aggrieved person in any trial, hearing or proceeding

10-30  in or before any court, department, officer, agency or other authority of this

10-31  state, or a political subdivision thereof, may move to suppress the contents

10-32  of any intercepted wire , radio or oral communication, or evidence derived

10-33  therefrom, on the grounds that:

10-34  (a) The communication was unlawfully intercepted.

10-35  (b) The order of authorization under which it was intercepted is

10-36  insufficient on its face.

10-37  (c) The interception was not made in conformity with the order of

10-38  authorization.

10-39  (d) The period of the order and any extension had expired.

10-40  2.  Such motion [shall] must be made before the trial, hearing or

10-41  proceeding unless there was no opportunity to make such motion or the

10-42  person was not aware of the grounds of the motion. If the motion is

10-43  granted, the contents of the intercepted wire , radio or oral communication,

10-44  or evidence derived therefrom, [shall] must be treated as having been

10-45  obtained in violation of NRS 179.410 to 179.515, inclusive[.] , and

10-46  sections 8 and 9 of this act. The judge, upon the filing of such motion by

10-47  the aggrieved person, may in his discretion make available to the aggrieved

10-48  person or his counsel for inspection such portions of the intercepted

11-1  communication or evidence derived therefrom as the judge determines to

11-2  be in the interest of justice.

11-3    Sec. 23.  NRS 179.515 is hereby amended to read as follows:

11-4    179.515  1.  In January of each year, the attorney general and the

11-5  district attorney of each county shall report to the Administrative Office of

11-6  the United States Courts the information required to be reported pursuant

11-7  to 18 U.S.C. § 2519. A copy of the report must be filed with the

11-8  investigation division of the department of motor vehicles and public

11-9  safety. In the case of a joint application by the attorney general and a

11-10  district attorney , both shall make the report.

11-11  2.  Every justice of the supreme court or district judge who signs an

11-12  order authorizing or denying an interception shall, within 30 days after the

11-13  termination of the order or any extension thereof, file with the investigation

11-14  division of the department of motor vehicles and public safety on forms

11-15  approved by the division a report containing the same information required

11-16  to be reported pursuant to 18 U.S.C. § 2519. The report must also indicate

11-17  whether a party to an intercepted wire or radio communication had

11-18  consented to the interception.

11-19  3.  The willful failure of any officer to report any information known to

11-20  him which is required to be reported pursuant to subsection 1 or 2

11-21  constitutes malfeasance in office and, in such cases, the secretary of state

11-22  shall, when the wrong becomes known to him, institute legal proceedings

11-23  for the removal of that officer.

11-24  4.  The investigation division of the department of motor vehicles and

11-25  public safety shall, on or before April 30 of each year, compile a report

11-26  consisting of a summary and analysis of all reports submitted to the

11-27  division pursuant to this section during the previous calendar year. The

11-28  report is a public record and may be inspected by any person during the

11-29  regular office hours of the division.

11-30  Sec. 24.  The amendatory provisions of this act do not apply to

11-31  offenses committed before October 1, 2001.

11-32  Sec. 25.  The amendatory provisions of this act do not apply to an

11-33  action pursuant to NRS 200.690 filed before October 1, 2001.

 

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