2001 REGULAR SESSION (71st) A SB36 R1 183
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not |Concurred In Not
Receded Not | Receded Not
Amend section 1, page 2, by deleting lines 7 through 9 and inserting:
“[it] the court shall order the property and any interest accrued pursuant to subsection 2 of NRS 179.1175 returned to the claimant found to be entitled to the property. If the court determines that the property is subject to forfeiture, [it] the court shall so decree. The property , including any interest accrued pursuant to subsection 2 of NRS 179.1175, must be forfeited to the plaintiff,”.
Amend the bill as a whole by renumbering sections 2 through 4 as sections 4 through 6 and adding new sections designated sections 2 and 3, following section 1, to read as follows:
“Sec. 2. NRS 179.1175 is hereby amended to read as follows:
179.1175 1. [After] Except as otherwise provided in subsection 2, after property has been seized the agency which seized the property may:
(a) Place the property under seal;
(b) Remove the property to a place designated by the agency for the storage of that type of property; or
(c) Remove the property to an appropriate place for disposition in a manner authorized by the court.
2. If an agency seizes currency, unless otherwise ordered by the court, the agency shall deposit the currency in an interest-bearing account maintained for the purpose of holding currency seized by the agency.
3. When a court declares property to be forfeited, the plaintiff may:
(a) Retain it for official use;
(b) Sell any of it which is neither required by law to be destroyed nor harmful to the public; or
(c) Remove it for disposition in accordance with the applicable provisions of NRS.
Sec. 3. NRS 179.118 is hereby amended to read as follows:
179.118 1. The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting sale, including the expense of effecting the seizure, the expense of maintaining custody, the expense of advertising and the costs of the suit.
2. Any balance remaining after the distribution required by subsection 1 must be deposited as follows:
(a) Except as otherwise provided in this subsection, if the plaintiff seized the property, in the special account established pursuant to NRS 179.1187 by the governing body that controls the plaintiff.
(b) Except as otherwise provided in this subsection, if the plaintiff is a metropolitan police department, in the special account established by the metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.
(c) Except as otherwise provided in this subsection, if more than one agency was substantially involved in the seizure, in an equitable manner to be directed by the court hearing the proceeding for forfeiture.
(d) If the property was seized pursuant to NRS 200.760, in the state treasury for credit to the fund for the compensation of victims of crime to be used for the counseling and the medical treatment of victims of crimes committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or 201.230.
(e) If the property was seized as the result of a violation of NRS 202.300, in the general fund of the county in which the complaint for forfeiture was filed, to be used to support programs of counseling of persons ordered by the court to attend counseling pursuant to paragraph (e) of subsection 1 of NRS 62.211.”.
Amend the title of the bill, second line, after “property;” by inserting:
“enacting provisions pertaining to the seizure of currency;”.
Amend the summary of the bill to read as follows:
“SUMMARY—Revises provisions governing forfeiture of property. (BDR 14-14)”.