(REPRINTED WITH ADOPTED AMENDMENTS)
THIRD REPRINT S.B. 36
Senate Bill No. 36–Committee on Judiciary
Prefiled January 24, 2001
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions governing forfeiture of property. (BDR 14‑14)
FISCAL NOTE: Effect on Local Government: Yes.
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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; 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:
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.
2-1 6. The plaintiff has an absolute privilege to refuse to disclose the
2-2 identity of any person, other than a witness, who has furnished to a law
2-3 enforcement officer information purporting to reveal the commission of a
2-4 crime. The privilege may be claimed by an appropriate representative of
2-5 the plaintiff.
2-6 7. If the court determines that the property is not subject to forfeiture,
2-7 [it] the court shall order the property and any interest accrued pursuant to
2-8 subsection 2 of NRS 179.1175 returned to the claimant found to be entitled
2-9 to the property. If the court determines that the property is subject to
2-10 forfeiture, [it] the court shall so decree. The property , including any
2-11 interest accrued pursuant to subsection 2 of NRS 179.1175, must be
2-12 forfeited to the plaintiff, subject to the right of any claimant who
2-13 establishes a protected interest. Any such claimant must, upon the sale or
2-14 retention of the property, be compensated for his interest in the manner
2-15 provided in NRS 179.118.
2-16 Sec. 2. NRS 179.1175 is hereby amended to read as follows:
2-17 179.1175 1. [After] Except as otherwise provided in subsection 2,
2-18 after property has been seized the agency which seized the property may:
2-19 (a) Place the property under seal;
2-20 (b) Remove the property to a place designated by the agency for the
2-21 storage of that type of property; or
2-22 (c) Remove the property to an appropriate place for disposition in a
2-23 manner authorized by the court.
2-24 2. If an agency seizes currency, unless otherwise ordered by the
2-25 court, the agency shall deposit the currency in an interest-bearing
2-26 account maintained for the purpose of holding currency seized by the
2-27 agency.
2-28 3. When a court declares property to be forfeited, the plaintiff may:
2-29 (a) Retain it for official use;
2-30 (b) Sell any of it which is neither required by law to be destroyed nor
2-31 harmful to the public; or
2-32 (c) Remove it for disposition in accordance with the applicable
2-33 provisions of NRS.
2-34 Sec. 3. NRS 179.118 is hereby amended to read as follows:
2-35 179.118 1. The proceeds from any sale or retention of property
2-36 declared to be forfeited and any interest accrued pursuant to subsection 2
2-37 of NRS 179.1175 must be applied, first, to the satisfaction of any protected
2-38 interest established by a claimant in the proceeding, then to the proper
2-39 expenses of the proceeding for forfeiture and resulting sale, including the
2-40 expense of effecting the seizure, the expense of maintaining custody, the
2-41 expense of advertising and the costs of the suit.
2-42 2. Any balance remaining after the distribution required by subsection
2-43 1 must be deposited as follows:
2-44 (a) Except as otherwise provided in this subsection, if the plaintiff
2-45 seized the property, in the special account established pursuant to NRS
2-46 179.1187 by the governing body that controls the plaintiff.
2-47 (b) Except as otherwise provided in this subsection, if the plaintiff is a
2-48 metropolitan police department, in the special account established by the
2-49 metropolitan police committee on fiscal affairs pursuant to NRS 179.1187.
3-1 (c) Except as otherwise provided in this subsection, if more than one
3-2 agency was substantially involved in the seizure, in an equitable manner to
3-3 be directed by the court hearing the proceeding for forfeiture.
3-4 (d) If the property was seized pursuant to NRS 200.760, in the state
3-5 treasury for credit to the fund for the compensation of victims of crime to
3-6 be used for the counseling and the medical treatment of victims of crimes
3-7 committed in violation of NRS 200.366, 200.710 to 200.730, inclusive, or
3-8 201.230.
3-9 (e) If the property was seized as the result of a violation of
3-10 NRS 202.300, in the general fund of the county in which the complaint for
3-11 forfeiture was filed, to be used to support programs of counseling of
3-12 persons ordered by the court to attend counseling pursuant to paragraph (e)
3-13 of subsection 1 of NRS 62.211.
3-14 Sec. 4. NRS 179.1187 is hereby amended to read as follows:
3-15 179.1187 1. The governing body controlling each law enforcement
3-16 agency that receives proceeds from the sale of forfeited property shall
3-17 establish with the state treasurer, county treasurer, city treasurer or town
3-18 treasurer, as custodian, a special account, known as the
3-19 “................. forfeiture account.” The account is a separate and continuing
3-20 account and no money in it reverts to the state general fund or the general
3-21 fund of the county, city or town at any time. For the purposes of this
3-22 [subsection,] section, the governing body controlling a metropolitan police
3-23 department is the metropolitan police committee on fiscal affairs.
3-24 2. The money in the account may be used for any lawful purpose
3-25 deemed appropriate by the chief administrative officer of the law
3-26 enforcement agency, except that:
3-27 (a) The money must not be used to pay the ordinary operating expenses
3-28 of the agency.
3-29 (b) Money derived from the forfeiture of any property described in
3-30 NRS 453.301 must be used to enforce the provisions of chapter 453 of
3-31 NRS.
3-32 (c) Money derived from the forfeiture of any property described in
3-33 NRS 501.3857 must be used to enforce the provisions of Title 45 of NRS.
3-34 (d) Seventy percent of the amount of money in excess of $100,000
3-35 remaining in the account at the end of each fiscal year, as determined
3-36 based upon the accounting standards of the governing body controlling
3-37 the law enforcement agency that are in place on March 1, 2001, must be
3-38 distributed to the school district in the judicial district. If the judicial
3-39 district serves more than one county, the money must be distributed to the
3-40 school district in the county from which the property was seized.
3-41 3. A school district that receives money pursuant to paragraph (d) of
3-42 subsection 2 shall deposit such money into a separate account. The
3-43 interest and income earned on the money in the account, after deducting
3-44 any applicable charges, must be credited to the account. The money in
3-45 the account must be used to purchase books and computer hardware and
3-46 software for the use of the students in that school district.
3-47 4. The chief administrative officer of a law enforcement agency that
3-48 distributes money to a school district pursuant to paragraph (d) of
3-49 subsection 2 shall submit a report to the director of the legislative
4-1 counsel bureau before January 1 of each odd-numbered year. The report
4-2 must contain the amount of money distributed to each school district
4-3 pursuant to paragraph (d) of subsection 2 in the preceding biennium.
4-4 Sec. 5. NRS 387.303 is hereby amended to read as follows:
4-5 387.303 1. Not later than November 10 of each year, the board of
4-6 trustees of each school district shall submit to the superintendent of public
4-7 instruction and the department of taxation a report which includes the
4-8 following information:
4-9 (a) For each fund within the school district, including, without
4-10 limitation, the school district’s general fund and any special revenue fund
4-11 which receives state money, the total number and salaries of licensed and
4-12 nonlicensed persons whose salaries are paid from the fund and who are
4-13 employed by the school district in full-time positions or in part-time
4-14 positions added together to represent full-time positions. Information must
4-15 be provided for the current school year based upon the school district’s
4-16 final budget, including any amendments and augmentations thereto, and for
4-17 the preceding school year. An employee must be categorized as filling an
4-18 instructional, administrative, instructional support or other position.
4-19 (b) The count of pupils computed pursuant to paragraph (a) of
4-20 subsection 1 of NRS 387.1233.
4-21 (c) The average daily attendance for the preceding school year and the
4-22 estimated average daily attendance for the current school year of part-time
4-23 pupils enrolled in courses which are approved by the department as
4-24 meeting the requirements for an adult to earn a high school diploma.
4-25 (d) The school district’s actual expenditures in the fiscal year
4-26 immediately preceding the report.
4-27 (e) The school district’s proposed expenditures for the current fiscal
4-28 year.
4-29 (f) The schedule of salaries for licensed employees in the current school
4-30 year and a statement of whether the negotiations regarding salaries for the
4-31 current school year have been completed. If the negotiations have not been
4-32 completed at the time the schedule of salaries is submitted, the board of
4-33 trustees shall submit a supplemental report to the superintendent of public
4-34 instruction upon completion of negotiations or the determination of an
4-35 arbitrator concerning the negotiations that includes the schedule of salaries
4-36 agreed to or required by the arbitrator.
4-37 (g) The number of teachers who received an increase in salary pursuant
4-38 to subsection 2 of NRS 391.160 for the current and preceding fiscal years.
4-39 (h) The number of employees eligible for health insurance within the
4-40 school district for the current and preceding fiscal years and the amount
4-41 paid for health insurance for each such employee during those years.
4-42 (i) The rates for fringe benefits, excluding health insurance, paid by the
4-43 school district for its licensed employees in the preceding and current fiscal
4-44 years.
4-45 (j) The amount paid for extra duties, supervision of extracurricular
4-46 activities and supplemental pay and the number of employees receiving
4-47 that pay in the preceding and current fiscal years.
4-48 (k) The expenditures from the account created pursuant to subsection
4-49 3 of NRS 179.1187. The report must indicate the total amount received
5-1 by the district in the preceding fiscal year, and the specific amount spent
5-2 on books and computer hardware and software for each grade level in
5-3 the district.
5-4 2. On or before November 25 of each year, the superintendent of
5-5 public instruction shall submit to the department of administration and the
5-6 fiscal analysis division of the legislative counsel bureau, in a format
5-7 approved by the director of the department of administration, a compilation
5-8 of the reports made by each school district pursuant to subsection 1.
5-9 3. The superintendent of public instruction shall, in the compilation
5-10 required by subsection 2, reconcile the revenues and expenditures of the
5-11 school districts with the apportionment received by those districts from the
5-12 state distributive school account for the preceding year.
5-13 Sec. 6. The amendatory provisions of this act do not apply to property
5-14 seized before October 1, 2001.
5-15 H