Senate Bill No. 297–Senators Wiener, Amodei, Titus,
Care, McGinness, Nolan and Washington

 

March 17, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes relating to personal identifying information. (BDR 15‑28)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to personal identifying information; making various changes relating to personal identifying information; prohibiting a person from unlawfully possessing or using a scanning device or reencoder to acquire certain personal identifying information; clarifying the applicability of certain crimes relating to personal identifying information; prohibiting a public officer or public employee from committing certain unlawful acts relating to personal identifying information; restricting the type of credit card or debit card information that may be printed electronically on a receipt; providing penalties; 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. Chapter 205 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 19, inclusive, of this

1-3  act.

1-4  Sec. 2.  As used in sections 2 to 9, inclusive, of this act, unless

1-5  the context otherwise requires, the words and terms defined in

1-6  sections 3, 4 and 5 of this act have the meanings ascribed to them

1-7  in those sections.

2-1  Sec. 3.  “Payment card” means a credit card, charge card,

2-2  debit card or any other card that:

2-3  1.  Is issued to an authorized card user; and

2-4  2.  Allows the user to obtain, purchase or receive credit,

2-5  money, a good, a service or anything of value.

2-6  Sec. 4.  “Reencoder” means an electronic device that places

2-7  encoded information from the magnetic strip or stripe of a

2-8  payment card onto the magnetic strip or stripe of a different

2-9  payment card.

2-10      Sec. 5.  “Scanning device” means a scanner, reader or any

2-11  other electronic device that is used to access, read, scan, obtain,

2-12  memorize or store, temporarily or permanently, information

2-13  encoded on the magnetic strip or stripe of a payment card.

2-14      Sec. 6.  1.  A person shall not:

2-15      (a) Use a scanning device to access, read, obtain, memorize or

2-16  store, temporarily or permanently, information encoded on the

2-17  magnetic strip or stripe of a payment card:

2-18          (1) Without the permission of the authorized user of the

2-19  payment card; and

2-20          (2) With the intent to defraud the authorized user, the

2-21  issuer of the payment card or any other person.

2-22      (b) Use a reencoder to place information encoded on the

2-23  magnetic strip or stripe of a payment card onto the magnetic strip

2-24  or stripe of a different card:

2-25          (1) Without the permission of the authorized user of the

2-26  card from which the information is being reencoded; and

2-27          (2) With the intent to defraud the authorized user, the

2-28  issuer of the payment card or any other person.

2-29      2.  A person who violates any provision of this section is guilty

2-30  of a category B felony and shall be punished by imprisonment in

2-31  the state prison for a minimum term of not less than 1 year and a

2-32  maximum term of not more than 20 years, and may be further

2-33  punished by a fine of not more than $100,000.

2-34      3.  In addition to any other penalty, the court shall order a

2-35  person who violates any provision of this section to pay restitution,

2-36  including, without limitation, any attorney’s fees and costs

2-37  incurred to:

2-38      (a) Repair the credit history or rating of each person who is a

2-39  victim of the violation; and

2-40      (b) Satisfy a debt, lien or other obligation incurred by each

2-41  person who is a victim of the violation.

2-42      Sec. 7.  1.  A person shall not possess a scanning device or

2-43  reencoder with the intent to use the scanning device or reencoder

2-44  for an unlawful purpose.

3-1  2.  A person who violates any provision of this section is guilty

3-2  of a category C felony and shall be punished as provided in

3-3  NRS 193.130.

3-4  Sec. 8. The provisions of sections 2 to 9, inclusive, of this act

3-5  do not apply to any person who, without the intent to defraud or

3-6  commit an unlawful act, possesses or uses a scanning device or

3-7  reencoder:

3-8  1.  In the ordinary course of his business or employment; or

3-9  2.  Pursuant to a financial transaction entered into with an

3-10  authorized user of a payment card who has given permission for

3-11  the financial transaction.

3-12      Sec. 9.  In any prosecution for a violation of any provision of

3-13  sections 2 to 9, inclusive, of this act, the State is not required to

3-14  establish and it is no defense that:

3-15      1.  An accessory has not been convicted, apprehended or

3-16  identified; or

3-17      2.  Some of the acts constituting elements of the crime did not

3-18  occur in this state or that where such acts did occur they were not

3-19  a crime or elements of a crime.

3-20      Sec. 10.  As used in NRS 205.463 and 205.465 and sections

3-21  10 to 19, inclusive, of this act, unless the context otherwise

3-22  requires, the words and terms defined in sections 11 to 15,

3-23  inclusive, of this act have the meanings ascribed to them in those

3-24  sections.

3-25      Sec. 11.  “Document” includes, without limitation, a

3-26  photocopy print, photostat and other replica of a document.

3-27      Sec. 12.  “Personal identifying information” means any

3-28  information designed, commonly used or capable of being used,

3-29  alone or in conjunction with any other information, to identify a

3-30  living or deceased person, including, without limitation:

3-31      1.  The name, driver’s license number, social security number,

3-32  savings account number, credit card number, debit card number,

3-33  date of birth, place of employment and maiden name of the mother

3-34  of a person; and

3-35      2.  The fingerprints, voiceprint, retina image and iris image of

3-36  a person.

3-37      Sec. 13.  “Public body” means:

3-38      1.  The State of Nevada, or any agency, instrumentality or

3-39  corporation thereof;

3-40      2.  The University and Community College System of Nevada;

3-41      3.  Any municipality, county, school district or other type of

3-42  district, or a city or town, incorporated or unincorporated; or

3-43      4.  Any other body corporate and politic comprising a political

3-44  subdivision of this state or acting on behalf thereof.

4-1  Sec. 14.  “Public employee” means any person who is an

4-2  employee or independent contractor of a public body.

4-3  Sec. 15.  “Public officer” means a person who:

4-4  1.  Is elected or appointed to a position which is established by

4-5  the Constitution or a statute of this state, or by a charter or

4-6  ordinance of a political subdivision of this state; or

4-7  2.  Otherwise serves as an officer for a public body.

4-8  Sec. 16.  A person who violates any provision of NRS 205.463

4-9  and 205.465 and sections 10 to 19, inclusive, of this act may be

4-10  prosecuted for the violation whether or not the person whose

4-11  personal identifying information forms a part of the violation is

4-12  living or deceased during the course of the violation or the

4-13  prosecution.

4-14      Sec. 17.  1.  A public officer or public employee who

4-15  knowingly:

4-16      (a) Obtains any personal identifying information of another

4-17  person from any document, file, database, source or process used

4-18  by a public body to collect, store, maintain, transfer, reproduce,

4-19  manage or administer personal identifying information; and

4-20      (b) Uses the personal identifying information to harm that

4-21  other person or for any unlawful purpose, including, without

4-22  limitation, to obtain credit, a good, a service or anything of value

4-23  in the name of that person,

4-24  is guilty of a category B felony and shall be punished by

4-25  imprisonment in the state prison for a minimum term of not less

4-26  than 5 years and a maximum term of not more than 20 years, and

4-27  may be further punished by a fine of not more than $100,000.

4-28      2.  In addition to any other penalty, the court shall order a

4-29  public officer or public employee convicted of violating subsection

4-30  1 to pay restitution, including, without limitation, any attorney’s

4-31  fees and costs incurred to:

4-32      (a) Repair the credit history or rating of the person whose

4-33  personal identifying information the public officer or public

4-34  employee obtained and used in violation of subsection 1; and

4-35      (b) Satisfy a debt, lien or other obligation incurred by the

4-36  person whose personal identifying information the public officer

4-37  or public employee obtained and used in violation of subsection 1.

4-38      3.  A public officer or public employee who knowingly:

4-39      (a) Obtains any personal identifying information of another

4-40  person from any document, file, database, source or process used

4-41  by a public body to collect, store, maintain, transfer, reproduce,

4-42  manage or administer personal identifying information; and

4-43      (b) Possesses, sells or transfers the personal identifying

4-44  information for the purpose of establishing a false status,

5-1  occupation, membership, license or identity for himself or any

5-2  other person,

5-3  is guilty of a category C felony and shall be punished as provided

5-4  in NRS 193.130.

5-5  4.  A public officer or public employee who knowingly aids

5-6  another public officer or public employee to commit a violation of

5-7  any provision of this section is guilty of a category C felony and

5-8  shall be punished as provided in NRS 193.130.

5-9  5.  The provisions of this section do not prohibit the

5-10  possession or use of any personal identifying information by

5-11  officers of local police, sheriff and metropolitan police

5-12  departments and by agents of the Investigation Division of the

5-13  Department of Public Safety while engaged in undercover

5-14  investigations related to the lawful discharge of their duties.

5-15      Sec. 18.  The provisions of NRS 205.463 and 205.465 and

5-16  sections 10 to 19, inclusive, of this act do not apply to any person

5-17  who, without the intent to defraud or commit an unlawful act,

5-18  possesses or uses any personal identifying information of another

5-19  person:

5-20      1.  In the ordinary course of his business or employment; or

5-21      2.  Pursuant to a financial transaction entered into with an

5-22  authorized user of a payment card who has given permission for

5-23  the financial transaction.

5-24      Sec. 19.  In any prosecution for a violation of any provision

5-25  of NRS 205.463 and 205.465 and sections 10 to 19, inclusive, of

5-26  this act, the State is not required to establish and it is no defense

5-27  that:

5-28      1.  An accessory has not been convicted, apprehended or

5-29  identified; or

5-30      2.  Some of the acts constituting elements of the crime did not

5-31  occur in this state or that where such acts did occur they were not

5-32  a crime or elements of a crime.

5-33      Sec. 20.  NRS 205.463 is hereby amended to read as follows:

5-34      205.463  1.  Except as otherwise provided in subsection 2, a

5-35  person who knowingly:

5-36      (a) Obtains any personal identifying information of another

5-37  person; and

5-38      (b) Uses the personal identifying information to harm that other

5-39  person or for any unlawful purpose, including, without limitation, to

5-40  obtain credit, a good, a service or anything of value in the name of

5-41  that person,

5-42  is guilty of a category B felony and shall be punished by

5-43  imprisonment in the state prison for a minimum term of not less

5-44  than 1 year and a maximum term of not more than 20 years, and

5-45  may be further punished by a fine of not more than $100,000.

6-1  2.  A person who knowingly:

6-2  (a) Obtains any personal identifying information of another

6-3  person; and

6-4  (b) Uses the personal identifying information to avoid or delay

6-5  being prosecuted for an unlawful act,

6-6  is guilty of a category E felony and shall be punished as provided in

6-7  NRS 193.130.

6-8  3.  In addition to any other penalty, the court shall order a

6-9  person convicted of violating subsection 1 to pay restitution,

6-10  including, without limitation, any attorney’s fees and costs incurred

6-11  to:

6-12      (a) Repair the credit history or rating of the person whose

6-13  personal identifying information he obtained and used in violation

6-14  of subsection 1; and

6-15      (b) Satisfy a debt, lien or other obligation incurred by the person

6-16  whose personal identifying information he obtained and used in

6-17  violation of subsection 1.

6-18      [4.  As used in this section, “personal identifying information”

6-19  has the meaning ascribed to it in NRS 205.465.]

6-20      Sec. 21.  NRS 205.465 is hereby amended to read as follows:

6-21      205.465  1.  It is unlawful for a person to possess, sell or

6-22  transfer any document or personal identifying information for the

6-23  purpose of establishing a false status, occupation, membership,

6-24  license or identity for himself or any other person.

6-25      2.  A person who:

6-26      (a) Sells or transfers any such document or personal identifying

6-27  information in violation of subsection 1; or

6-28      (b) Possesses any such document or personal identifying

6-29  information in violation of subsection 1 to commit any of the crimes

6-30  set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513,

6-31  inclusive, or 205.610 to 205.810, inclusive,

6-32  is guilty of a category C felony and shall be punished as provided in

6-33  NRS 193.130.

6-34      3.  Except as otherwise provided in subsection 2, a person who

6-35  possesses any such document or personal identifying information in

6-36  violation of subsection 1 is guilty of a misdemeanor.

6-37      4.  Subsection 1 does not:

6-38      (a) Preclude the adoption by a city or county of an ordinance

6-39  prohibiting the possession of any such document or personal

6-40  identifying information; or

6-41      (b) Prohibit the possession or use of any such document or

6-42  personal identifying information by officers of local police, sheriff

6-43  and metropolitan police departments and by agents of the

6-44  Investigation Division of the Department of Public Safety while

7-1  engaged in undercover investigations related to the lawful discharge

7-2  of their duties.

7-3  [5.  As used in this section:

7-4  (a) “Document” includes, without limitation, a photocopy print,

7-5  photostat and other replica of a document.

7-6  (b) “Personal identifying information” means any information

7-7  designed, commonly used or capable of being used, alone or in

7-8  conjunction with any other information, to identify a person,

7-9  including, without limitation:

7-10          (1) The name, driver’s license number, social security

7-11  number, savings account number, credit card number, debit card

7-12  number, date of birth, place of employment and maiden name of the

7-13  mother of a person; and

7-14          (2) The fingerprints, voiceprint, retina image and iris image

7-15  of a person.]

7-16      Sec. 22.  Chapter 597 of NRS is hereby amended by adding

7-17  thereto a new section to read as follows:

7-18      1.  Except as otherwise provided in this section, if a person

7-19  accepts credit cards or debit cards for the transaction of business,

7-20  the person shall not do any of the following:

7-21      (a) Print the expiration date of the credit card or debit card on

7-22  any receipt provided to the cardholder.

7-23      (b) Print more than the last five digits of the account number

7-24  of the credit card or debit card on any receipt provided to the

7-25  cardholder.

7-26      2.  This section:

7-27      (a) Applies only to receipts that are electronically printed.

7-28      (b) Does not apply to transactions in which the only means of

7-29  recording the credit card or debit card number is:

7-30          (1) By handwriting the credit card or debit card number; or

7-31          (2) By imprinting or copying the credit card or debit card.

7-32      3.  If any cash register or other machine or device that

7-33  electronically prints receipts for credit card or debit card

7-34  transactions was first put into use before October 1, 2003, the

7-35  provisions of this section do not apply to any transaction that

7-36  occurs with regard to that cash register or other machine or device

7-37  before January 1, 2008.

7-38      4.  As used in this section:

7-39      (a) “Credit card” means any instrument or device, whether

7-40  known as a credit card, credit plate, or by any other name, issued

7-41  with or without fee by an issuer for the use of the cardholder in

7-42  obtaining money, property, goods, services or anything else of

7-43  value on credit.

7-44      (b) “Debit card” means any instrument or device, whether

7-45  known as a debit card or by any other name, that is issued with or

8-1  without a fee by an issuer for the use of the cardholder in

8-2  obtaining money, property, goods, services or anything else of

8-3  value, subject to the issuer removing money from the checking

8-4  account or savings account of the cardholder.

 

8-5  H