SB36_EN

Senate Bill No. 36–Committee on Judiciary

CHAPTER..........

AN ACT relating to forfeitures; changing the standard of proof in a proceeding for the forfeiture of property; enacting provisions pertaining to the seizure of currency; revising the provisions governing the distribution of proceeds of forfeited property; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 179.1173 is hereby amended to read as follows:

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

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

entitled to priority over other civil actions which are not otherwise entitled

to priority.

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

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

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

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

upon a satisfactory showing that the claimant is a fugitive.

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

establish proof by [a preponderance of the evidence.] clear and

convincing evidence that the property is subject to forfeiture.

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

favored does not apply.

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

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

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

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

all facts necessary to sustain the conviction.

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

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

enforcement officer information purporting to reveal the commission of a

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

the plaintiff.

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

[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, subject to the right of any claimant who

establishes a protected interest. Any such claimant must, upon the sale or

retention of the property, be compensated for his interest in the manner

provided in NRS 179.118.

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

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

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.

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.

Sec. 4. NRS 179.1187 is hereby amended to read as follows:

179.1187 1. The governing body controlling each law enforcement

agency that receives proceeds from the sale of forfeited property shall

establish with the state treasurer, county treasurer, city treasurer or town

treasurer, as custodian, a special account, known as the

“................. forfeiture account.” The account is a separate and continuing

account and no money in it reverts to the state general fund or the general

fund of the county, city or town at any time. For the purposes of this

[subsection,] section, the governing body controlling a metropolitan police

department is the metropolitan police committee on fiscal affairs.

2. The money in the account may be used for any lawful purpose

deemed appropriate by the chief administrative officer of the law

enforcement agency, except that:

(a) The money must not be used to pay the ordinary operating expenses

of the agency.

(b) Money derived from the forfeiture of any property described in

NRS 453.301 must be used to enforce the provisions of chapter 453 of

NRS.

NRS 501.3857 must be used to enforce the provisions of Title 45 of NRS.

(d) Seventy percent of the amount of money in excess of $100,000

remaining in the account at the end of each fiscal year, as determined

based upon the accounting standards of the governing body controlling

the law enforcement agency that are in place on March 1, 2001, must be

distributed to the school district in the judicial district. If the judicial

district serves more than one county, the money must be distributed to

the school district in the county from which the property was seized.

3. A school district that receives money pursuant to paragraph (d) of

subsection 2 shall deposit such money into a separate account. The

interest and income earned on the money in the account, after deducting

any applicable charges, must be credited to the account. The money in

the account must be used to purchase books and computer hardware

and software for the use of the students in that school district.

4. The chief administrative officer of a law enforcement agency that

distributes money to a school district pursuant to paragraph (d) of

subsection 2 shall submit a report to the director of the legislative

counsel bureau before January 1 of each odd-numbered year. The

report must contain the amount of money distributed to each school

district pursuant to paragraph (d) of subsection 2 in the preceding

biennium.

Sec. 5. NRS 387.303 is hereby amended to read as follows:

387.303 1. Not later than November 10 of each year, the board of

trustees of each school district shall submit to the superintendent of public

instruction and the department of taxation a report which includes the

following information:

(a) For each fund within the school district, including, without

limitation, the school district’s general fund and any special revenue fund

which receives state money, the total number and salaries of licensed and

nonlicensed persons whose salaries are paid from the fund and who are

employed by the school district in full-time positions or in part-time

positions added together to represent full-time positions. Information must

be provided for the current school year based upon the school district’s

final budget, including any amendments and augmentations thereto, and

for the preceding school year. An employee must be categorized as filling

an instructional, administrative, instructional support or other position.

(b) The count of pupils computed pursuant to paragraph (a) of

subsection 1 of NRS 387.1233.

estimated average daily attendance for the current school year of part-time

pupils enrolled in courses which are approved by the department as

meeting the requirements for an adult to earn a high school diploma.

(d) The school district’s actual expenditures in the fiscal year

immediately preceding the report.

(e) The school district’s proposed expenditures for the current fiscal

year.

(f) The schedule of salaries for licensed employees in the current school

year and a statement of whether the negotiations regarding salaries for the

current school year have been completed. If the negotiations have not been

completed at the time the schedule of salaries is submitted, the board of

trustees shall submit a supplemental report to the superintendent of public

instruction upon completion of negotiations or the determination of an

arbitrator concerning the negotiations that includes the schedule of salaries

agreed to or required by the arbitrator.

(g) The number of teachers who received an increase in salary pursuant

to subsection 2 of NRS 391.160 for the current and preceding fiscal years.

(h) The number of employees eligible for health insurance within the

school district for the current and preceding fiscal years and the amount

paid for health insurance for each such employee during those years.

(i) The rates for fringe benefits, excluding health insurance, paid by the

school district for its licensed employees in the preceding and current

fiscal years.

(j) The amount paid for extra duties, supervision of extracurricular

activities and supplemental pay and the number of employees receiving

that pay in the preceding and current fiscal years.

(k) The expenditures from the account created pursuant to subsection

3 of NRS 179.1187. The report must indicate the total amount received

by the district in the preceding fiscal year, and the specific amount spent

on books and computer hardware and software for each grade level in

the district.

2. On or before November 25 of each year, the superintendent of

public instruction shall submit to the department of administration and the

fiscal analysis division of the legislative counsel bureau, in a format

approved by the director of the department of administration, a

compilation of the reports made by each school district pursuant to

subsection 1.

3. The superintendent of public instruction shall, in the compilation

required by subsection 2, reconcile the revenues and expenditures of the

school districts with the apportionment received by those districts from the

state distributive school account for the preceding year.

Sec. 6. The amendatory provisions of this act do not apply to property

seized before October 1, 2001.

²⁰~~~~~⁰¹