2001 REGULAR SESSION (71st)                                                                 CA AB162 R2 CA12

Amendment No. CA12

 

First Conference Committee Amendment to Assembly Bill No. 162  Second Reprint           (BDR 15‑900)

Proposed by: First Conference Committee

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:               Title:              Preamble:               Joint Sponsorship:

 

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 1, line 2, by deleting “A” and inserting:

“[A]

     1.  Except as otherwise provided in subsection 2, a”.

     Amend section 1, page 1, line 4, by deleting “1.” and inserting “[1.] (a)”.

     Amend section 1, page 1, line 6, by deleting “2.” and inserting “[2.] (b)”.

     Amend section 1, page 1, line 11, by deleting “3.” and inserting “[3.] (c)”.

     Amend section 1, page 2, line 3, by deleting “4.” and inserting “[4.] (d)”.

     Amend section 1, page 2, line 7, by deleting “5.” and inserting “[5.] (e)”.

     Amend section 1, page 2, line 9, by deleting “6.” and inserting “[6.] (f)”.

     Amend section 1, page 2, line 14, by deleting “7.” and inserting “[7.] (g)”.

     Amend section 1, page 2, line 16, by deleting “8.” and inserting “[8.] (h)”.

     Amend section 1, page 2, line 17, by deleting “9.” and inserting “[9.] (i)”.

     Amend section 1, page 2, line 19, by deleting “10.” and inserting “(j)”.

     Amend section 1, page 2, between lines 21 and 22, by inserting:

     “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.”.

     Amend the bill as a whole by renumbering sec. 2 as sec. 3 and adding a new section designated sec. 2, following section 1, to read as follows:

     “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.”.

     Amend the title of the bill, third line, after “services” by inserting:

“under certain circumstances”.