Senate Bill No. 26–Senator  Neal

 

Prefiled January 24, 2003

____________

 

Referred to  Committee on Judiciary

 

SUMMARY—Establishes certain requirements relating to monitoring devices attached to exterior of vehicles to track movement or location of vehicles. (BDR 14‑146)

 

FISCAL NOTE:  Effect on Local Government: No.

                           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.

 

AN ACT relating to criminal procedure; establishing certain requirements relating to monitoring devices that are attached to the exterior of vehicles to track the movement or location of the vehicles; making certain evidence inadmissible; 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 179 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2, 3 and 4 of this act.

1-3  Sec. 2.  As used in NRS 179.015 to 179.115, inclusive, this

1-4  section and sections 3 and 4 of this act, unless the context

1-5  otherwise requires, the words and terms defined in NRS 179.015

1-6  and section 3 of this act have the meanings ascribed to them in

1-7  those sections.

1-8  Sec. 3.  “Monitoring device” means any device that can be

1-9  attached to the exterior of a vehicle to track the movement and

1-10  location of the vehicle.

1-11      Sec. 4.  1.  An officer shall not attach a monitoring device to

1-12  the exterior of a vehicle unless:

1-13      (a) The officer has a court order or a search warrant issued

1-14  pursuant to NRS 179.045; or

2-1  (b) The officer attaches the monitoring device in a place that is

2-2  clearly visible to the driver of the vehicle when the driver enters or

2-3  is driving the vehicle.

2-4  2.  If an officer violates the provisions of subsection 1:

2-5  (a) Any magistrate or judge within this state shall quash a

2-6  court order or a search warrant that is based upon evidence or

2-7  information acquired through the use of the monitoring device;

2-8  and

2-9  (b) Any direct or derivative evidence obtained as a result of the

2-10  use of the monitoring device is inadmissible in any criminal action

2-11  or proceeding.

2-12      Sec. 5.  NRS 179.015 is hereby amended to read as follows:

2-13      179.015  [As used in NRS 179.015 to 179.115, inclusive, the

2-14  term “property”] “Property” includes documents, books, papers and

2-15  any other tangible objects.

2-16      Sec. 6.  NRS 179.115 is hereby amended to read as follows:

2-17      179.115  NRS 179.015 to 179.115, inclusive, and sections 2, 3

2-18  and 4 of this act do not modify any other statute regulating search,

2-19  seizure and the issuance and execution of search warrants in

2-20  circumstances for which special provision is made.

 

2-21  H