Nevada 2023 Regular Session Status: Enacted Bipartisan · 12 R · 10 D cosponsors

AB 356 — Enacts provisions relating to mobile tracking devices. (BDR 15-1007)

Last action — Approved by the Governor. Chapter 190.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 20, 2023. Enacted.

Signed by Governor Joe Lombardo (Republican) on June 03, 2023.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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A statistical estimate from our own model of past outcomes — an insight, not a guarantee. Policymaking is volatile.

Prognosis

Likely to advance 78% · moderate confidence
  • Enacted

    Current position in the legislative process.

  • 27 sponsors

    9 primary, 18 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (12 R · 10 D) — cross-party backing.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Bill Text

What changed in the latest version

51 added · 63 removed

51 line(s) added, 63 removed.

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(Reprinted with amendments adopted on April 20, 2023) FIRST REPRINT A.B.
Assembly Bill No.
356 A SSEMBLY BILL N O.
356–Assemblymen Dickman, La Rue Hatch, Anderson, Hansen, Kasama;
356–A SSEMBLYMEN D ICKMAN , LA R UE H ATCH , ANDERSON , HANSEN , KASAMA ;
Carter, D’Silva, Duran, Gallant, Gray, Gurr, Hafen, Hardy, Koenig, McArthur, Mosca, O’Neill, Taylor, Watts, Yeager and Yurek Joint Sponsors:
CARTER , D’ILVA, D URAN , GALLANT , GRAY , URR , HAFEN, HARDY , KOENIG, M C ARTHUR , M OSCA, O’N EIL, TAYLOR , W ATTS, YEAGER AND YUREK M ARCH 20, 2023 ____________ JOINT SPONSORS :
Senators Seevers Gansert, Goicoechea, Titus, Hansen;
SENATORS S EEVERS GANSERT , GOICOECHEA , TITUS, HANSEN ;
Flores and Neal CHAPTER..........
LORES AND N EAL ____________ Referred to Committee on Judiciary SUMMARY—Enacts provisions relating to mobile tracking devices.
(BDR 15-1007) FISCAL NOTE:
Effect on Local Government:
Increases or Newly Provides for Term of Imprisonment in County or City Jail or Detention Facility.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Legislative Counsel’s Digest:
LegThe United States District Court for the District of Nevada has held that using a GPS tracking device to monitor the movements of a person implicates the tort of invasion of privacy because a person has a reasonable expectation of privacy with respect to his or her daily movements in a motor vehicle.
GPS tracking device to monitor the movements of a person implicates the tort ofing a invasion of privacy because a person has a reasonable expectation of privacy with respect to his or her daily movements in a motor vehicle.
3, 2018)) Existing law does not expressly prohibit a person from installing a tracking device on the motor vehicle of another person.
3, 2018)) on the motor vehicle of another person.
This bill expressly provides that a person installs, conceals or otherwise places a mobile tracking device in or on the motoron vehicle of another person without the knowledge and consent of an owner or lessor of the motor vehicle, unless the person is a law enforcement officer who installs, conceals or otherwise places a mobile tracking device in or on a motor vehicle - *AB356_R1* – 2 – pursuant to a warrant or court order.
This bill expressly provides that a persone commits the crime of unlawful installation of a mobile tracking device if the person installs, conceals or otherwise places a mobile tracking device in or on the motor vehicle of another person without the knowledge and consent of an owner or lessor of the motor vehicle.
This bill provides that a person who commits second offense, a gross misdemeanor;
This prohibition does not apply to a law enforcement agency vehicle in accordance with all applicable requirements of the United Stateson a motor Constitution, the Nevada Constitution and the laws of this State.
This bill provides that a person who commits any such offense is guilty of:
(1) for the first offense, a misdemeanor;
(2) for the second offense, a gross misdemeanor;
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
2.
- 82nd Session (2023) – 2 – 2.
The provisions of subsection 1 do not apply to a law enforcement officer who installs, conceals or otherwise places a mobile tracking device in or on a motor vehicle pursuant to a warrant or court order.
The provisions of subsection 1 do not apply to a law enforcement agency that installs, conceals or otherwise places a mobile tracking device in or on a motor vehicle in accordance with all applicable requirements of the United States Constitution, the Nev3.a CA person who commits the crime of unlawful installation of a mobile tracking device is guilty of:
3.
A person who commits the crime of unlawful installation of a mobile tracking device is guilty of:
H - *AB356_R1*
~~~~~ 23 - 82nd Session (2023)
View plain text versions (4)

Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 190.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 608 concurred in. To enrollment.

  4. In Assembly.

  5. Read third time. Passed, as amended. Title approved. (Yeas: 20, Nays: None, Excused: 1.) To Assembly.

  6. Taken from General File. Placed on General File for next legislative day.

  7. Taken from General File. Placed on General File for next legislative day.

  8. From printer. To re-engrossment. Re-engrossed. Second reprint. Taken from General File. Placed on General File for next legislative day.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 608.) To printer.

  10. In Senate. Read first time. Referred to Committee on Judiciary. To committee.

  11. From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved. (Yeas: 40, Nays: None, Excused: 2.) To Senate.

  12. Read second time. Amended. (Amend. No. 322.) To printer.

  13. From committee: Amend, and do pass as amended.

  14. From printer. To committee.

  15. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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9 sponsors · 18 co-sponsors · 40 not signed on

Sponsors (9)

Co-sponsors (18)

Not signed on (40)

40 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors AB 356?
AB 356 is sponsored by Dickman, Jill (Republican), La Rue Hatch, Selena (Democratic), Anderson, Natha C. (Democratic), Hansen, Alexis M. (Republican), Kasama, Heidi (Republican), Heidi Seevers O'Gara, Titus, Robin L. (Republican), Hansen, Ira (Republican), Carter, Max E., II (Democratic), D'Silva, Reuben (Democratic), Gallant, Danielle (Republican), Gurr, Bert K. (Republican), Hafen, Gregory T., II (Republican), Hardy, Melissa R.. (Republican), Koenig, Gregory S. (Republican), Mosca, Erica (Democratic), Philip PK O’Neill, Taylor, Angela D. (Democratic), Watts, Howard (Democratic), Yeager, Steve (Democratic), Flores, Edgar (Democratic), Neal, Dina (Democratic), Yurek, Toby (Republican), Gray, Ken (Republican), Richard McArthur, Duran, Bea, and Pete Goicoechea.
What is the current status of AB 356?
This bill has been enacted into law. Introduced March 20, 2023. Enacted.
Where can I track AB 356?
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