Nevada SB 80: Requires a court to take certain actions upon receiving a request for authorization to retrieve personal property made by a defendant. (BDR 14-486)

Bill Text

- 83rd Session (2025)
Senate Bill No. 80–Committee on
Growth and Infrastructure

CHAPTER..........

AN ACT relating to motor vehicles; expanding to certain employees
of the Department of Motor Vehicles the authority to inspect
vehicles to determine rightful ownership or possession;
authorizing certain employees of the Department to apply for
certain court orders and complete necessary affidavits for
such orders; prohibiting a person from tampering with a
device for the control of emissions of a motor vehicle or
removing such a device from a motor vehicle; prohibiting a
person from possessing an electronic device capable of
tampering with a device for the control of emissions of a
motor vehicle; providing penalties; and providing other
matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes an employee of the Department of Public Safety or a
local law enforcement agency whose primary responsibility is to conduct
investigations involving the theft of motor vehicles to inspect, under certain
circumstances, the identification numbers of a vehicle and the title or registration of
a vehicle or a part of the vehicle for the purpose of locating stolen vehicles. (NRS
480.610) Section 1 of this bill additionally authorizes an employee of the
Department of Motor Vehicles whose primary responsibility is to conduct
investigations involving the theft of motor vehicles to conduct such an inspection.
Existing law requires a person to obtain an order from a court before installing
or using a pen register or trap and trace device, except as otherwise authorized by
federal law. Existing law authorizes a peace officer to apply for such an order if an
application is supported by an affidavit by a peace officer that complies with
federal law. (NRS 179.530) Section 6 of this bill additionally authorizes personnel
of the Department of Motor Vehicles who have the powers of a peace officer to
apply for such an order from a court and complete the required supporting
affidavits.
Existing law makes it unlawful for a person to: (1) possess or issue fraudulent
or unauthorized evidence that a motor vehicle complies with the required
equipment for the control of emissions from engines; or (2) willfully and
knowingly fail to comply with any provision relating to the control of emissions
from engines. (NRS 445B.840) Section 7 of this bill prohibits a person from
tampering with a device for the control of emissions of a motor vehicle or removing
such a device from a motor vehicle. Section 7 establishes circumstances under
which exchanging the engine of a motor vehicle for a different engine does not
violate this prohibition. Section 7 additionally prohibits a person from possessing
an electronic device capable of tampering with a device for the control of emissions
of a motor vehicle. A violation of the prohibitions imposed by section 7 would be a
misdemeanor. (NRS 445B.845)

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- 83rd Session (2025)
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:

Section 1. NRS 480.610 is hereby amended to read as follows:
480.610 1. For the purpose of locating stolen vehicles, except
as otherwise provided in subsection 3, an employee of the
Department of Public Safety, the Department of Motor Vehicles or
a local law enforcement agency whose primary responsibility is to
conduct investigations involving the theft of motor vehicles, may
inspect:
(a) The identification numbers of a vehicle that is on the
highway or in any garage, repair shop, terminal, parking facility,
establishment where new or used vehicles or equipment for vehicles
are sold, leased or rented, vehicle salvage pool or any other similar
establishment, or any commercial location where agricultural or
construction work is being actively performed; and
(b) The title or registration of a vehicle described in paragraph
(a) to determine the rightful ownership or possession of the vehicle
or an identifiable component part.
2. Whenever possible, a person who conducts an inspection
pursuant to this section shall conduct the inspection during normal
business hours and in such a manner as to minimize any interference
with or delay of the business operations of the establishment where
the inspection takes place.
3. A person may not conduct an inspection pursuant to this
section of a terminal that is privately owned or a parking facility that
is privately owned unless, before conducting the inspection, the
person obtains permission to conduct the inspection from:
(a) The owner of the terminal or parking facility; or
(b) An agent or representative of the owner who has been
authorized by the owner to grant permission to a person seeking to
conduct an inspection pursuant to this section.
4. As used in this section:
(a) “Garage” has the meaning ascribed to it in NRS 487.540.
(b) “Identifiable component part” means