SB 41 — Revises provisions relating to orders authorizing the installation and use of a pen register or trap and trace device. (BDR 14-412)

(ReprintedSenate withBill amendmentsNo. adopted on April 13, 2021) FIRST REPRINT S.B.

4141–Committee Son ENATEJudiciary BCHAPTER.......... ILLN O.

41–COMMITTEE ON JUDICIARY (O NB EHALF OF THE ATTORNEY GENERAL ) PREFILED N OVEMBER 18, 2020 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to orders authorizing the installation and use of a pen register or trap and trace device.

(BDR 14-412) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

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

LegislativeLegiExisting Counsel’slaw Digest:authorizes a district court to issue an order that allows the use of a pen register or trap and trace device in accordance with the conditions provided in federal law if the request for such an order is supported by an affidavit signed by a peace officer.

Existing(NRS law179.530) authorizesThis abill districtrevises courtthe definition of “peace officer,” as used in such a context, to issueinclude anfederal orderlaw thatenforcement allowsofficers thewho useare members of a pentask registerforce orcomprised trapof federal and tracestate deviceor inlocal accordancelaw withenforcement theperson conditionsfrom providedinstalling inor federalusing lawa ifpen theregister requestor fortrap suchand antrace orderdevice iswithout supportedfirst bya obtaining an affidavitorder signedfrom by a peacedistrict officer.court of this State;

(NRS 179.530) This bill revises the definition of “peace officer,” as members of a task force comprised of federal and state or local law enforcement agencies.

This bill also:

(1) prohibits, except as otherwise provided in federal law, a person from installing or using a pen register or trap and trace device without first obtaining an order from a district court of this State;

(3) eliminates the reference to the provisions of courtfederal tolaw accept a facsimile or electronic copy of the signature of any personistrict required to give an oath or affirmation as partthose ofprovisions anexisted applicationon forJuly an1, order1989; authorizing the installation and use of a pen register or trap and trace device as an original signature to the application;

(5)(4) authorizes the usedistrict ofcourt secureto electronicaccept transmissiona forfacsimile theor submissionelectronic copy of an application and affidavit for, and the issuancesignature of,of anany orderperson authorizing the installation and use of a pen register or trap and trace reorganizingdevice theas languagean oforiginal thesignature statute to be consistent with the styleapplication; and format of the Nevada Revised Statutes.

-(5) *SB41_R1*authorizes –the 2use –of THEsecure PEOPLEelectronic OFtransmission THEfor STATEthe OFsubmission NEVADA,of REPRESENTEDan INapplication SENATEand ANDaffidavit ASSEMBLY,for, DOand ENACTthe ASissuance FOLLOWS:of, an order authorizing the installation and use of a pen register or trap and trace device;

and (6) makes a technical, nonsubstantive, change to the statute by reorganizing the language of the statute to be consistent with the style and format of the Nevada Revised Statutes.

EXPLANATION – Matter in bolded italics is new;

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 81st Session (2021) – 2 – 2.] 3.

4.submission of an application and affidavit required by subsection and for the issuance of an order authorizing the installation and use of a pen register or trap and trace device.

Secure electronic transmission may be used for the submission of an application and affidavit required by subsection 2 and for the issuance of an order authorizing the installation and use of a pen register or trap and trace device.

(a)6. “Peace officer” means:n [, “peace] :

As used in this section [, “peace] :

(a) “Peace officer” means:

[(e)] (5) Special investigators employed by the Attorney GeneralNRS 289.170;have the powers of peace officers pursuant to [(f)] (6) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170;

- *SB41_R1* – 3 – [(f)] (6) Investigators employed by a district attorney who have the powers of peace officers pursuant to NRS 289.170;

and (8) Federal law enforcement officers who are members of a agencies.etask force comprised of federal and state or local law enforcement (b)agencies. “Pen register” has the meaning ascribed to it in 18 U.S.C.

- 81st Session (2021) – 3 – § 3127(3).3127(3).n register” has the meaning ascribed to it in 18 U.S.C.

(d) “Trap and trace device” has the meaning ascribed to it in 18 U.S.C.

H~~~~~ 21 - *SB41_R1*81st Session (2021)