Senate Bill No. 297–Senators
Wiener, Amodei, Titus,
Care, McGinness, Nolan and Washington
CHAPTER..........
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:
Section 1. Chapter 205 of NRS is hereby amended by adding
thereto the provisions set forth as sections 2 to 19, inclusive, of this
act.
Sec. 2. As used in sections 2 to 9, inclusive, of this act, unless
the context otherwise requires, the words and terms defined in
sections 3, 4 and 5 of this act have the meanings ascribed to them
in those sections.
Sec. 3. “Payment card” means a credit card, charge card,
debit card or any other card that:
1. Is issued to an authorized card user; and
2. Allows the user to obtain, purchase or receive credit,
money, a good, a service or anything of value.
Sec. 4. “Reencoder” means an electronic device that places
encoded information from the magnetic strip or stripe of a
payment card onto the magnetic strip or stripe of a different
payment card.
Sec. 5. “Scanning device” means a scanner, reader or any
other electronic device that is used to access, read, scan, obtain,
memorize or store, temporarily or permanently, information
encoded on the magnetic strip or stripe of a payment card.
Sec. 6. 1. A person shall not:
(a) Use a scanning device to access, read, obtain, memorize or
store, temporarily or permanently, information encoded on the
magnetic strip or stripe of a payment card:
(1) Without the permission of the authorized user of the
payment card; and
(2) With the intent to defraud the authorized user, the
issuer of the payment card or any other person.
(b) Use a reencoder to place information encoded on the
magnetic strip or stripe of a payment card onto the magnetic strip
or stripe of a different card:
(1) Without the permission of the authorized user of the
card from which the information is being reencoded; and
(2) With the intent to defraud the authorized user, the
issuer of the payment card or any other person.
2. A person who violates any provision of this section is guilty
of a category B felony and shall be punished by imprisonment in
the state prison for a minimum term of not less than 1 year and a
maximum term of not more than 20 years, and may be further
punished by a fine of not more than $100,000.
3. In addition to any other penalty, the court shall order a
person who violates any provision of this section to pay restitution,
including, without limitation, any attorney’s fees and costs
incurred to:
(a) Repair the credit history or rating of each person who is a
victim of the violation; and
(b) Satisfy a debt, lien or other obligation incurred by each
person who is a victim of the violation.
Sec. 7. 1. A person shall not possess a scanning device or
reencoder with the intent to use the scanning device or reencoder
for an unlawful purpose.
2. A person who violates any provision of this section is guilty
of a category C felony and shall be punished as provided in
NRS 193.130.
Sec. 8. The provisions of sections 2 to 9, inclusive, of this act
do not apply to any person who, without the intent to defraud or
commit an unlawful act, possesses or uses a scanning device or
reencoder:
1. In the ordinary course of his business or employment; or
2. Pursuant to a financial transaction entered into with an
authorized user of a payment card who has given permission for
the financial transaction.
Sec. 9. In any prosecution for a violation of any provision of
sections 2 to 9, inclusive, of this act, the State is not required to
establish and it is no defense that:
1. An accessory has not been convicted, apprehended or
identified; or
2. Some of the acts constituting elements of the crime did not
occur in this state or that where such acts did occur they were not
a crime or elements of a crime.
Sec. 10. As used in NRS 205.463 and 205.465 and sections
10 to 19, inclusive, of this act, unless the context otherwise
requires, the words and terms defined in sections 11 to 15,
inclusive, of this act have the meanings ascribed to them in those
sections.
Sec. 11. “Document” includes, without limitation, a
photocopy print, photostat and other replica of a document.
Sec. 12. “Personal identifying information” means any
information designed, commonly used or capable of being used,
alone or in conjunction with any other information, to identify a
living or deceased person, including, without limitation:
1. The name, driver’s license number, social security number,
savings account number, credit card number, debit card number,
date of birth, place of employment and maiden name of the mother
of a person; and
2. The fingerprints, voiceprint, retina image and iris image of
a person.
Sec. 13. “Public body” means:
1. The State of Nevada, or any agency, instrumentality or
corporation thereof;
2. The University and Community College System of Nevada;
3. Any municipality, county, school district or other type of
district, or a city or town, incorporated or unincorporated; or
4. Any other body corporate and politic comprising a political
subdivision of this state or acting on behalf thereof.
Sec. 14. “Public employee” means any person who is an
employee or independent contractor of a public body.
Sec. 15. “Public officer” means a person who:
1. Is elected or appointed to a position which is established by
the Constitution or a statute of this state, or by a charter or
ordinance of a political subdivision of this state; or
2. Otherwise serves as an officer for a public body.
Sec. 16. A person who violates any provision of NRS 205.463
and 205.465 and sections 10 to 19, inclusive, of this act may be
prosecuted for the violation whether or not the person whose
personal identifying information forms a part of the violation is
living or deceased during the course of the violation or the
prosecution.
Sec. 17. 1. A public officer or public employee who
knowingly:
(a) Obtains any personal identifying information of another
person from any document, file, database, source or process used
by a public body to collect, store, maintain, transfer, reproduce,
manage or administer personal identifying information; and
(b) Uses the personal identifying information to harm that
other person or for any unlawful purpose, including, without
limitation, to obtain credit, a good, a service or anything of value
in the name of that person,
is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 5 years and a maximum term of not more than 20 years, and
may be further punished by a fine of not more than $100,000.
2. In addition to any other penalty, the court shall order a
public officer or public employee convicted of violating subsection
1 to pay restitution, including, without limitation, any attorney’s
fees and costs incurred to:
(a) Repair the credit history or rating of the person whose
personal identifying information the public officer or public
employee obtained and used in violation of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurred by the
person whose personal identifying information the public officer
or public employee obtained and used in violation of subsection 1.
3. A public officer or public employee who knowingly:
(a) Obtains any personal identifying information of another
person from any document, file, database, source or process used
by a public body to collect, store, maintain, transfer, reproduce,
manage or administer personal identifying information; and
(b) Possesses, sells or transfers the personal identifying
information for the purpose of establishing a false status,
occupation, membership, license or identity for himself or any
other person,
is guilty of a category C felony and shall be punished as provided
in NRS 193.130.
4. A public officer or public employee who knowingly aids
another public officer or public employee to commit a violation of
any provision of this section is guilty of a category C felony and
shall be punished as provided in NRS 193.130.
5. The provisions of this section do not prohibit the
possession or use of any personal identifying information by
officers of local police, sheriff and metropolitan police
departments and by agents of the Investigation Division of the
Department of Public Safety while engaged in undercover
investigations related to the lawful discharge of their duties.
Sec. 18. The provisions of NRS 205.463 and 205.465 and
sections 10 to 19, inclusive, of this act do not apply to any person
who, without the intent to defraud or commit an unlawful act,
possesses or uses any personal identifying information of another
person:
1. In the ordinary course of his business or employment; or
2. Pursuant to a financial transaction entered into with an
authorized user of a payment card who has given permission for
the financial transaction.
Sec. 19. In any prosecution for a violation of any provision
of NRS 205.463 and 205.465 and sections 10 to 19, inclusive, of
this act, the State is not required to establish and it is no defense
that:
1. An accessory has not been convicted, apprehended or
identified; or
2. Some of the acts constituting elements of the crime did not
occur in this state or that where such acts did occur they were not
a crime or elements of a crime.
Sec. 20. NRS 205.463 is hereby amended to read as follows:
205.463 1. Except as otherwise provided in subsection 2, a
person who knowingly:
(a) Obtains any personal identifying information of another
person; and
(b) Uses the personal identifying information to harm that other
person or for any unlawful purpose, including, without limitation, to
obtain credit, a good, a service or anything of value in the name of
that person,
is guilty of a category B felony and shall be punished by
imprisonment in the state prison for a minimum term of not less
than 1 year and a maximum term of not more than 20 years, and
may be further punished by a fine of not more than $100,000.
2. A person who knowingly:
(a) Obtains any personal identifying information of another
person; and
(b) Uses the personal identifying information to avoid or delay
being prosecuted for an unlawful act,
is guilty of a category E felony and shall be punished as provided in
NRS 193.130.
3. In addition to any other penalty, the court shall order a
person convicted of violating subsection 1 to pay restitution,
including, without limitation, any attorney’s fees and costs incurred
to:
(a) Repair the credit history or rating of the person whose
personal identifying information he obtained and used in violation
of subsection 1; and
(b) Satisfy a debt, lien or other obligation incurred by the person
whose personal identifying information he obtained and used in
violation of subsection 1.
[4. As used in this section, “personal identifying information”
has the meaning ascribed to it in NRS 205.465.]
Sec. 21. NRS 205.465 is hereby amended to read as follows:
205.465 1. It is unlawful for a person to possess, sell or
transfer any document or personal identifying information for the
purpose of establishing a false status, occupation, membership,
license or identity for himself or any other person.
2. A person who:
(a) Sells or transfers any such document or personal identifying
information in violation of subsection 1; or
(b) Possesses any such document or personal identifying
information in violation of subsection 1 to commit any of the crimes
set forth in NRS 205.085 to 205.217, inclusive, 205.473 to 205.513,
inclusive, or 205.610 to 205.810, inclusive,
is guilty of a category C felony and shall be punished as provided in
NRS 193.130.
3. Except as otherwise provided in subsection 2, a person who
possesses any such document or personal identifying information in
violation of subsection 1 is guilty of a misdemeanor.
4. Subsection 1 does not:
(a) Preclude the adoption by a city or county of an ordinance
prohibiting the possession of any such document or personal
identifying information; or
(b) Prohibit the possession or use of any such document or
personal identifying information by officers of local police, sheriff
and metropolitan police departments and by agents of the
Investigation Division of the Department of Public Safety while
engaged in undercover investigations related to the lawful discharge
of their duties.
[5. As used in this section:
(a) “Document” includes, without limitation, a photocopy print,
photostat and other replica of a document.
(b) “Personal identifying information” means any information
designed, commonly used or capable of being used, alone or in
conjunction with any other information, to identify a person,
including, without limitation:
(1) The name, driver’s license number, social security
number, savings account number, credit card number, debit card
number, date of birth, place of employment and maiden name of the
mother of a person; and
(2) The fingerprints, voiceprint, retina image and iris image
of a person.]
Sec. 22. Chapter 597 of NRS is hereby amended by adding
thereto a new section to read as follows:
1. Except as otherwise provided in this section, if a person
accepts credit cards or debit cards for the transaction of business,
the person shall not do any of the following:
(a) Print the expiration date of the credit card or debit card on
any receipt provided to the cardholder.
(b) Print more than the last five digits of the account number
of the credit card or debit card on any receipt provided to the
cardholder.
2. This section:
(a) Applies only to receipts that are electronically printed.
(b) Does not apply to transactions in which the only means of
recording the credit card or debit card number is:
(1) By handwriting the credit card or debit card number; or
(2) By imprinting or copying the credit card or debit card.
3. If any cash register or other machine or device that
electronically prints receipts for credit card or debit card
transactions was first put into use before October 1, 2003, the
provisions of this section do not apply to any transaction that
occurs with regard to that cash register or other machine or device
before January 1, 2008.
4. As used in this section:
(a) “Credit card” means any instrument or device, whether
known as a credit card, credit plate, or by any other name, issued
with or without fee by an issuer for the use of the cardholder in
obtaining money, property, goods, services or anything else of
value on credit.
(b) “Debit card” means any instrument or device, whether
known as a debit card or by any other name, that is issued with or
without a fee by an issuer for the use of the cardholder in
obtaining money, property, goods, services or anything else of
value, subject to the issuer removing money from the checking
account or savings account of the cardholder.
20~~~~~03