Amendment vs bill Amendment 338 vs Reprint 1

Struck = removed from the bill · added = the amendment's new text.

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(Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT S.B.
Session (83rd) A SB202 338 Amendment No.
202 SENATE BILL NO .
338 Senate Amendment to Senate Bill No.
202–SENATORS ELLISON , STONE ;AND STEINBECK FEBRUARY 12, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to real property.
202 (BDR 15-729) Proposed by:
Senate Committee on Judiciary Amends:
Summary:
Yes Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes ASSEMBLY ACTION Initial and Dat| SENATE ACTION Initial and Date Adopted Lost | Adopted Lost Concurred In Not | Concurred In Not Receded Not | Receded Not EXPLANATION:
Matter in (1) blue bold italics is new language in the original bill;
(2) variations of green bold underlining is language proposed to be added in this amendment;
(3) red strikethrough is deleted language in the original bill;
(4) purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be retained in this amendment.
NCA/BAW - Date:
4/15/2025 S.B.
No.
202—Revises provisions relating to housebreaking and unlawful occupancy.
(BDR 15-729) Page 1 of 7 *A_SB202_338* Senate Amendment No.
338 to Senate Bill No.
202 Page 3 SENATE B ILLN O.
202–SENATOR ELLISON FEBRUARY 12, 2025 _______________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to [housebreaking and unlawful occupancy.] real property.
AN ACT relating to real property;
AN ACT relating to [crimes;] real property;
(NRS 205.0813, 205.0817) Under existing law, a person commits the crime of housebreaking if the person forcibly enters an uninhabited or vacant dwelling with the intent to take up residence or provide residency to another and owner of the dwelling or an authorized representative of the owner.
(NRS 205.0813, 205.0817) Under existing law, a person commits the crime of housebreaking if the person forcibly enters an uninhabited or vacant dwelling with the intent to take up residence or provide residency to another and knows or has reason to believe that such residency is without the permission of the owner of the dwelling or an authorized representative of the owner.
(NRSsion of the 205.0813) Under existing law, a person commits the crime of unlawful occupancy if the person takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner.
(NRS 205.0813) Under existing law, a person commits the crime of unlawful occupancy if the person takes up residence in an uninhabited or vacant dwelling and knows or has reason to believe that such residency is without permission of the owner of and 2 of this bill [makes] make it unlawful to intentionally procure or offer a false or forged written rental agreement for purposes of committing the crime of housebreaking or unlawful occupancy.
(NRS 205.0817) Sections 1 written rental agreement for purposes of committing the crime of housebreaking orforged unlawful occupancy.
Section 2 also expands the crime of unlawful occupancy to make it unlawful to take up residence in a dwelling, regardless of whether it is uninhabited or vacant, if a person knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner.
Section 2 also expands the crime of unlawful occupancy to - *SB202_R1* – 2 – make it unlawful to take up residence in a dwelling, regardless of whether it is uninhabited or vacant, if a person knows or has reason to believe that such residency is without permission of the owner of the dwelling or an authorized representative of the owner.
Existing law sets forth a procedure by which:
the object of a housebreaking or unlawful occupancy may immediately retakeg that is possession and change the locks on the dwelling;
(1) an owner of a dwelling that is the object of a housebreaking or unlawful occupancy may immediately retake possession and change the locks on the dwelling;
(NRS 40.412, 40.416) Section 2.3 of this bill defines the terms “squatter” and “tenant” for certain purposes relating to summary proceedings for obtaining possession of real property, a dwelling or dwelling unit, a recreational vehicle or a 2.5 of this bill reduces the period for which:
(NRS 40.412, 40.416) Section 2.3 of this bill defines the terms “squatter” and “tenant” for certain purposes relating to summary proceedings for obtaining possession of real property, a dwelling or Senate Amendment No.
(1) an unlawful or unauthorizedction occupant who has been locked out of a dwelling has the right to contest the matter by filing a verified complaint for reentry;
338 to Senate Bill No.
202 Page 4 a tenant for such purposes.
Section 2.5 of this bill reduces the period for which:
(1) ant unlawful or unauthorized occupant who has been locked out of a dwelling has the right to contest the matter by filing a verified complaint for reentry;
A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking - *SB202_R1* – 3 – must not be released on probation or granted a suspension of sentence.
A person convicted of housebreaking and who has previously been convicted three or more times of housebreaking must not be released on probation or granted a suspension of sentence.
3.
Senate Amendment No.
338 to Senate Bill No.
202 Page 5 3.
- *SB202_R1* – 4 – 2.
2.
Notwithstanding any other provision of law, the term includes, without limitation, a person who enters onto or intrudes upon real property without the permission of the owner and continues to occupy the property without title, right or permission of the owner or an authorized representative of the owner.
Notwithstanding any other provision of law, the term includes, without limitation, a person who enters onto or intrudes upon real property Senate Amendment No.
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- *SB202_R1* – 5 – 12.
338 to Senate Bill No.
202 Page 6 without the permission of the owner and continues to occupy the property without title, right or permission of the owner or an authorized representative of the owner.
12.
The owner is entitled to payment of the reasonable and actual costs of - *SB202_R1* – 6 – inventory, moving and storage before releasing the personal property to the occupant.
The owner is entitled to payment of the reasonable and actual costs of inventory, moving and storage before releasing the personal property to the occupant.
Sec.
Senate Amendment No.
338 to Senate Bill No.
202 Page 7 Sec.
- *SB202_R1* – 7 – (a) The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a lan(b) The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.
(a) The right of any party to pursue a separate cause of action under this chapter or chapter 118A of NRS if the court finds that a landlord and tenant relationship exists between the parties;
or (b) The rights of an owner or occupant in a forcible detainer, unlawful detainer or forcible entry and detainer action.
H - *SB202_R1*