Senate Bill No. 36–Committee on Judiciary

Prefiled January 24, 2001

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Referred to Committee on Judiciary

SUMMARY—Changes standard of proof in proceeding for forfeiture of property. (BDR 14‑14)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State: No.

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

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to forfeitures; changing the standard of proof in a proceeding for the forfeiture of property; 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 179.1173 is hereby amended to read as follows:

1-2 179.1173 1. The district court shall proceed as soon as practicable to

1-3 a trial and determination of the matter. A proceeding for forfeiture is

1-4 entitled to priority over other civil actions which are not otherwise entitled

1-5 to priority.

1-6 2. At a proceeding for forfeiture, the plaintiff or claimant may file a

1-7 motion for an order staying the proceeding and the court shall grant that

1-8 motion if a criminal action which is the basis of the proceeding is pending

1-9 trial. The court shall, upon a motion made by the plaintiff, lift the stay upon

1-10 a satisfactory showing that the claimant is a fugitive.

1-11 3. [A party to] The plaintiff in a proceeding for forfeiture must

1-12 establish proof by [a preponderance of the evidence.] clear and convincing

1-13 evidence that the property is subject to forfeiture.

1-14 4. In a proceeding for forfeiture, the rule of law that forfeitures are not

1-15 favored does not apply.

1-16 5. The plaintiff is not required to plead or prove that a claimant has

1-17 been charged with or convicted of any criminal offense. If proof of such a

1-18 conviction is made, and it is shown that the judgment of conviction has

1-19 become final, the proof is, as against any claimant, conclusive evidence of

1-20 all facts necessary to sustain the conviction.

1-21 6. The plaintiff has an absolute privilege to refuse to disclose the

1-22 identity of any person, other than a witness, who has furnished to a law

2-1 enforcement officer information purporting to reveal the commission of a

2-2 crime. The privilege may be claimed by an appropriate representative of

2-3 the plaintiff.

2-4 7. If the court determines that the property is not subject to forfeiture,

2-5 it shall order the property returned to the claimant found to be entitled to

2-6 the property. If the court determines that the property is subject to

2-7 forfeiture, it shall so decree. The property must be forfeited to the plaintiff,

2-8 subject to the right of any claimant who establishes a protected interest.

2-9 Any such claimant must, upon the sale or retention of the property, be

2-10 compensated for his interest in the manner provided in NRS 179.118.

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