AB 15 — Revises provisions governing crimes. (BDR 15-409)

(ReprintedAssembly withBill amendmentsNo. adopted on May 23, 2019) SECOND REPRINT A.B.

1515–Committee Aon SSEMBLYJudiciary BILLCHAPTER.......... NO .

15–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 15, 2018 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing crimes.

(BDR 15-409) FISCAL NOTE:

EffEffect on the State:

Yes.No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or (2) induce another person to submit to the putative providesauthority thatof athe persondocument whoor violatestake anyor suchrefrain provisionfrom istaking guiltycertain ofactions. a category Dn 1 felony.

Section 1 provides that a person who violates any such provision is guilty of a category D felony.

and (2) that do notnExisting constitutelaw provides that if a defensemonetary instrument represents the proceeds of or is derived from any unlawful activity, it is unlawful for a person who has knowledge of that fact to conduct or attempt to conduct a prosecutionfinancial undertransaction involving such monetary instrument or transport or attempt to transport the section.monetary instrument, if the person has the intent to further any unlawful activity or has certain other knowledge.

Existing law provides that if a monetary instrument represents the proceeds of or is derived from any unlawful activity, it is unlawful for a person who has knowledge of that fact to conduct or attempt to conduct a financial transaction monetary instrument, if the person has the intent to further any unlawful activity or has certain other knowledge.

Existing law also provides that it is unlawful for any person to conduct or attempt to conduct a financial transaction with the intent to evade any regulation persongoverning whothe violatesrecords suchof acertain provisioncasinos isregarding guiltytransactions ofinvolving acash. category D felony.

(NRSash.A person who violates such a provision is guilty of a category D felony.

A(NRS 207.195) Section 1.5:

(1) expands the prohibition and makes it unlawful for any - *AB15_R2* – 2 – person to conduct or attempt to conduct a financial transaction with the intent to evade any provision of federal or state law that requires the reporting of a financial transaction;

and (2) provides that a person who violates such a provision is guilty of a cSectioncategory 1.5C additionallyfelony. makes it unlawful for a person to conduct or attempt to conduct a financial transaction concerning any monetary instrument or other property that has a value of $5,000 or more with the knowledge that the monetary instrument or other property is directly or indirectly derived from any unlawful activity.

Section 1.5 additionally makes it unlawful for a person to conduct or attempt to property that has a value of $5,000 or more with the knowledge that the monetary instrument or other property is directly or indirectly derived from any unlawful activity.

orSection more1.5 monetaryfurther: instruments, financial transactions or property valued at $5,000 one or more is a separate offense;

(1) provides that each violation of the section involving one or more monetary instruments, financial transactions or property valued at $5,000 or more is a separate offense;

- 80th Session (2019) – 2 – EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

or (II) To comply with the document,  is guilty of a category D felony and shall be punished as provided in NRS 193.130.

- *AB15_R2* – 3 – (b) Obtaining legal counsel;

207.195represents 1.the proceeds of or is directly or indirectly derived from any unlawful activity, it is unlawful for a person, having knowledge of that fact:

If- a80th monetarySession instrument(2019) or– other3 property– represents(a) theTo proceedsconduct of or isattempt directlyto orconduct indirectlya derivedfinancial fromtransaction anyinvolving unlawfulthe activity,monetary itinstrument is[:] unlawfulor forother aproperty: person, having knowledge of that fact:

(a) To conduct or attempt to conduct a financial transaction involving the monetary instrument [:] or other property:

(2) With the knowledge that the transaction conceals the location, source, ownership or control of the monetary instrument [;] or other property;

orip or control of the monetary instrument (3) With the knowledge that the transaction evades any provision of federal or state law that requires the reporting of a financial transaction.

3.] any provision of federal or state law that requires the reportingrep4.tinA person who violates any provision of subsection 1 , [or] 2 or 3 is guilty of a financialcategory transaction.[D] C felony and shall be punished as provided in NRS 193.130.

4.

A person who violates any provision of subsection 1 , [or] 2 or 3 is guilty of a category [D] C felony and shall be punished as provided in NRS 193.130.

- *AB15_R2* – 4 – [5.] 6.

The term - 80th Session (2019) – 4 – does not include any instrument or transaction for the payment of assistance of counsel in a criminal prosecution.

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