SB 358 — Revises provisions relating to wire communications. (BDR 15-1008)

(ReprintedSenate withBill amendmentsNo. adopted on May 18, 2021) FIRST REPRINT S.B.

358358–Committee SENATEon BILLJudiciary NOCHAPTER.......... .

358–COMMITTEE ON JUDICIARY M ARCH 25, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to wire communications.

(BDR 15-1008) 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:makes it unlawful, with certain exceptions, to intercept or attempt to intercept any wire communication unless:

Existing(1) lawthe makesinterception itor unlawful,attempted withinterception certainis exceptions,made towith interceptthe orprior attemptconsent toof interceptone anyof wirethe communicationparties unless:to the communication;

(1)and the(2) interceptionan oremergency attemptedsituation interceptionexists isand madeit withis theimpractical prior consent of one of the parties to theobtain a court order.

Existing law requires any person who has made an interception in aninan emergency situation to make a written application to a justice of the Supreme Court or district judge for ratification of the interception within 72 hours of the interception.

(NRS 200.620) Existing law additionally provides that it is not unlawful for a peace officer specifically designated by the Attorney General or the district attorney of any county, or a person acting under the direction or request of a peace officer, to intercept the wire, electronic or oral communication of a person lawful request of a peace officer, in circumstances in which there is imminent riske of harm to the life of another person as a result of the actions of the person who ishas: barricaded or the actions of law enforcement in resolving the barricade situation;

(2)(1) createdbarricaded himself or herself and is not exiting or surrendering at the lawful request of a hostagepeace officer, in circumstances in which there is imminent risk barricaded or the actions of law enforcement in resolving the barricade situation;

is (2) created a hostage situation;

and (2) does not require the consent of the person whose wire communication is intercepted or attempted to be intercepted or the filing of an application for ratification by the court of the interception or attempted interception.

-EXPLANATION *SB358_R1* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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:

If the application for ratification is denied, any use or disclosure of the information so intercepted is - 81st Session (2021) – 2 – unlawful, and the person who made the interception shall notify the sender and the receiver of the communication that:

Any person who has made an interception in an emergency situation as provided in paragraph (b) of subsection 1 shall, within 72 hours of the interception, make a written application to a justice of the Supreme Court or district judge for ratification of the interception.

(a) An emergency situation existed and it was impractical to obtain a court order before the interception;

andimpracticaland to (b) Except for the absence of a court order, the interception met the requirements of NRS 179.410 to 179.515, inclusive.

In addition, those sections do not prohibit the recording or reception in - *SB358_R1* – 3 – evidence of conversations initiated by the law enforcement or fire- fighting agency or public utility from such a facility or telephone in connection with responding to the original call or request, if the agency or public utility informs the other party that the conversation is being recorded.

communication5. is not unlawful under the circumstances set forth in subsection 1 of NRS 179.463.

HThe -interception *SB358_R1*or attempted interception of a wire communication is not unlawful under the circumstances set forth in subsection 1 of NRS 179.463.

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