Assembly Bill No. 375–Committee on Commerce and Labor

 

March 15, 2001

____________

 

Referred to Committee on Commerce and Labor

 

SUMMARY—Enacts provisions governing possession, use, manufacture and distribution of certain items employed to commit theft. (BDR 52‑1462)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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

 

AN ACT relating to crimes; enacting provisions governing the possession, use, manufacture or distribution of certain items employed to commit theft; 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. Chapter 597 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  A person shall not knowingly, with the intent to cheat or defraud a

1-4  retailer:

1-5    (a) Possess, use, utter, transfer, make, alter, counterfeit or reproduce

1-6  a retail sales receipt or a universal price code label; or

1-7    (b) Possess a device that manufactures fraudulent retail sales receipts

1-8  or universal price code labels.

1-9    2.  Unless a greater penalty is imposed by a specific statute and except

1-10  as otherwise provided in subsection 3, a person who violates the

1-11  provisions of paragraph (a) of subsection 1 is guilty of a category E

1-12  felony and shall be punished as provided in NRS 193.130.

1-13    3.  Unless a greater penalty is imposed by a specific statute, a person

1-14  who violates the provisions of paragraph (a) of subsection 1 and who

1-15  possesses 15 or more fraudulent retail sales receipts or universal price

1-16  code labels is guilty of a category D felony and shall be punished as

1-17  provided in NRS 193.130.

1-18    4.  Unless a greater penalty is imposed by a specific statute, a person

1-19  who violates the provisions of paragraph (b) of subsection 1 is guilty of a

1-20  category D felony and shall be punished as provided in NRS 193.130.

 

 

 

2-1    Sec. 2.  Chapter 205 of NRS is hereby amended by adding thereto a

2-2  new section to read as follows:

2-3    1.  A person shall not knowingly, with the intent to commit, aid or

2-4  abet a theft, possess any theft detection shielding device or theft detection

2-5  device deactivator.

2-6    2.  A person shall not knowingly, with the intent to commit, aid or

2-7  abet a theft, manufacture, sell or distribute any theft detection shielding

2-8  device or theft detection device deactivator.

2-9    3.  A person who violates any provision of this section is guilty of a

2-10  category C felony and shall be punished as provided in NRS 193.130.

2-11    4.  As used in this section:

2-12    (a) “Theft detection device deactivator” includes, without limitation,

2-13  any tool or device designed to allow, or capable of allowing, the

2-14  deactivation or removal of a theft detection device from any merchandise.

2-15    (b) “Theft detection shielding device” includes, without limitation, any

2-16  laminated or coated bag or device intended to shield merchandise from

2-17  detection by an electronic or magnetic theft detector.

2-18    Sec. 3.  The amendatory provisions of this act do not apply to offenses

2-19  committed before October 1, 2001.

 

2-20  H