(REPRINTED WITH ADOPTED AMENDMENTS)

 

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 15‑1462)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    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; 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 205 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  1.  A person shall not, with the intent to cheat or defraud a

1-4  retailer, possess, make, alter, forge or counterfeit any sales receipt or

1-5  inventory pricing label.

1-6    2.  Unless a greater penalty is imposed by a specific statute and except

1-7  as otherwise provided in subsection 3, a person who violates any

1-8  provision of subsection 1 is guilty of a category E felony and shall be

1-9  punished as provided in NRS 193.130.

1-10    3.  Unless a greater penalty is imposed by a specific statute, a person

1-11  who violates any provision of subsection 1 and who possesses 15 or more

1-12  fraudulent sales receipts or inventory pricing labels is guilty of a category

1-13  D felony and shall be punished as provided in NRS 193.130.

1-14    4.  As used in this section, “inventory pricing label” includes, without

1-15  limitation, any written or electronic record or label used by a retailer to

1-16  identify, inventory or price any product or item it offers for sale.

1-17    Sec. 3.  1.  A person shall not, with the intent to commit, aid or abet

1-18  a theft, possess any theft detection shielding device or theft detection

1-19  device deactivator.

1-20    2.  A person shall not, with the intent to commit, aid or abet a theft,

1-21  manufacture, sell or distribute any theft detection shielding device or

1-22  theft detection device deactivator.

2-1    3.  A person who violates any provision of this section is guilty of a

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

2-3    4.  As used in this section:

2-4    (a) “Theft detection device deactivator” includes, without limitation,

2-5  any tool or device designed to allow, or capable of allowing, the

2-6  deactivation or removal of a theft detection device from any merchandise.

2-7    (b) “Theft detection shielding device” includes, without limitation, any

2-8  laminated or coated bag or device intended to shield merchandise from

2-9  detection by an electronic or magnetic theft detector.

2-10    Sec. 4.  The amendatory provisions of this act do not apply to offenses

2-11  committed before October 1, 2001.

 

2-12  H