SB264 - Revises provisions relating to crimes against property. (BDR 15-219)

S.B. 264 - *SB264* SENATE BILL NO. 264–SENATOR STONE MARCH 3, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to crimes against property. (BDR 15-219) 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. AN ACT relating to crimes; revising provisions governing the crime of burglary of a business; revising provisions governing the crime of organized retail theft; lowering the monetary threshold for the classification of certain theft and related offenses; providing a penalty for certain conduct determined to be habitual theft; providing penalties; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law provides that a person who, by day or night, unlawfully enters or 1 unlawfully remains in a business structure with the intent to commit grand or petit 2 larceny, assault or battery on any person or any felony is guilty of the crime of 3 burglary of a business. (NRS 205.060) Section 1 of this bill removes the elements 4 of unlawfully entering or unlawfully remaining from the offense, thereby making it 5 a crime to enter any business structure with the intent to commit grand or petit 6 larceny, assault or battery on any person or any felony. 7 Existing law: (1) makes it a crime to knowingly participate directly or 8 indirectly in or engage in conduct with the intent to further an organized retail theft; 9 and (2) defines “organized retail theft” as committing, either alone or with any 10 other person or persons, a series of thefts of retail merchandise against one or more 11 merchants, either on the premises of a merchant or through the use of an Internet or 12 network site, in this State with the intent to return the merchandise to the merchant 13 for value or to resell, trade or barter the merchandise for value under certain 14 circumstances. (NRS 205.08345) Section 2 of this bill: (1) expands the crime of 15 organized retail theft by making it unlawful to buy, receive, possess or withhold 16 retail merchandise knowing that it was obtained through an organized retail theft or 17 under such circumstances as should have caused a reasonable person to know that it 18 was obtained through an organized retail theft, whether or not the person involved 19 – 2 – - *SB264* in the theft committed in the organized retail theft is or has been prosecuted or 20 convicted for the offense; (2) defines “retail merchandise” for purposes of the crime 21 of organized retail theft; and (3) revises the definition of “organized retail theft” to 22 include a single theft and remove the elements of the crime requiring the return of 23 the merchandise to the merchant for value or the reselling, trading or bartering of 24 such merchandise. 25 Existing law establishes certain crimes making it unlawful to take or obtain 26 property, including: (1) theft; (2) grand larceny; (3) petit larceny; and (4) receiving 27 or possessing stolen property. (NRS 205.0821-205.0835, 205.2175-205.2705, 28 205.275) Existing law provides that a person who commits theft is guilty of: (1) a 29 misdemeanor if the value of the property or services involved in the theft is less 30 than $1,200; (2) a category D felony if the value is $1,200 or more but less than 31 $5,000; (3) a category C felony if the value is $5,000 or more but less than $25,000; 32 (4) a category B felony, punishable by imprisonment in the state prison for a 33 minimum term of not less than 1 year and a maximum term of not more than 10 34 years, and by a fine of not more than $10,000, if the value is $25,000 or more but 35 less than $100,000; and (5) a category B felony punishable by imprisonment in the 36 state prison for a minimum term of not less than 1 year and a maximum term of not 37 more than 20 years, and by a fine of not more than $15,000, if the value is $100,000 38 or more. (NRS 205.0835) Section 3 of this bill reduces the felony theft threshold to 39 $650 and revises the tier of felony penalties based on the value of the property or 40 services involved in the theft. Sections 4-22 and 28-31 of this bill make 41 conforming changes to various theft and related offenses that use similar monetary 42 thresholds for purposes of determining the applicable criminal penalties. 43 Existing law: (1) authorizes a prosecuting attorney to prosecute a person as a 44 habitual criminal, habitual felon or habitually fraudulent felon under certain 45 conditions; and (2) prescribes the punishment for a habitual criminal, habitual felon 46 or habitually fraudulent felon. (NRS 207.010, 207.012, 207.014) Section 23 of this 47 bill: (1) authorizes a prosecuting attorney to prosecute a person as a habitual theft 48 offender if the person is convicted of certain theft offenses punishable as a 49 misdemeanor and has previously been convicted two or more times of certain theft 50 offenses punishable as a misdemeanor; and (2) makes the punishment for a habitual 51 theft offender a category B felony punishable by imprisonment in the state prison 52 for a minimum term of not less than 1 year and a maximum term of not more than 53 10 years. Sections 24-27, 32 and 33 of this bill make conforming changes for 54 consistency with the existing habitual criminal, habitual felon and habitually 55 fraudulent felon statutory scheme. 56 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 205.060 is hereby amended to read as follows: 1 205.060 1. A person who, by day or night, unlawfully enters 2 or unlawfully remains in any: 3 (a) Dwelling with the intent to commit grand or petit larceny, 4 assault or battery on any person or any felony, or to obtain money or 5 property by false pretenses, is guilty of residential burglary. 6 (b) [Business structure with the intent to commit grand or petit 7 larceny, assault or battery on any person or any felony is guilty of 8 burglary of a business. 9 – 3 – - *SB264* (c)] Motor vehicle, or any part thereof, with the intent to commit 1 grand or petit larceny, assault or battery on any person or any felony 2 is guilty of burglary of a motor vehicle. 3 [(d)] (c) Structure other than a dwelling [, business structure or] 4 or motor vehicle or a business structure pursuant to subsection 2 5 with the intent to commit grand or petit larceny, assault or battery on 6 any person or any felony is guilty of burglary of a structure. 7 2. A person who, by day or night, enters any business 8 structure with the intent to commit grand or petit larceny, assault 9 or battery on any person or any felony is guilty of burglary of a 10 business. 11 3. Except as otherwise provided in this section, a person 12 convicted of: 13 (a) Burglary of a motor vehicle: 14 (1) For the first offense, is guilty of a category E felony and 15 shall be punished as provided in NRS 193.130. 16 (2) For a second or subsequent offense, is guilty of a 17 category D felony and shall be punished as provided in 18 NRS 193.130. 19 (b) Burglary of a structure is guilty of a category D felony and 20 shall be punished as provided in NRS 193.130. 21 (c) Burglary of a business is guilty of a category C felony and 22 shall be punished as provided in NRS 193.130. 23 (d) Residential burglary is guilty of a category B felony and 24 shall be punished by imprisonment in the state prison for a 25 minimum term of not less than 1 year and a maximum term of not 26 more than 10 years. 27 [3.] 4. If mitigating circumstances exist, a person who is 28 convicted of residential burglary may be released on probation and 29 granted a suspension of sentence if the person has not previously 30 been convicted of residential burglary or another crime involving 31 the unlawful entry or invasion of a dwelling. 32 [4.] 5. Whenever any burglary pursuant to this section is 33 committed on a vessel, vehicle, vehicle trailer, semitrailer, house 34 trailer, airplane, glider, boat or railroad car, in motion or in rest, in 35 this State, and it cannot with reasonable certainty be ascertained in 36 what county the crime was committed, the offender may be arrested 37 and tried in any county through which the vessel, vehicle, vehicle 38 trailer, semitrailer, house trailer, airplane, glider, boat or railroad car 39 traveled during the time the burglary was committed. 40 [5.] 6. A person convicted of any burglary pursuant to this 41 section who has in his or her possession or gains possession of any 42 firearm or deadly weapon at any time during the commission of the 43 crime, at any time before leaving the dwelling, structure or motor 44 vehicle or upon leaving the dwelling, structure or motor vehicle, is 45 – 4 – - *SB264* guilty of a category B felony and shall be punished by imprisonment 1 in the state prison for a minimum term of not less than 2 years and a 2 maximum term of not more than 15 years, and may be further 3 punished by a fine of not more than $10,000. 4 [6.] 7. As used in this section: 5 (a) “Business structure” means any structure or building, the 6 primary purpose of which is to carry on any lawful effort for a 7 business, including, without limitation, any business with an 8 educational, industrial, benevolent, social or political purpose, 9 regardless of whether the business is operated for profit. 10 (b) “Dwelling” means any structure, building, house, room, 11 apartment, tenement, tent, conveyance, vessel, boat, vehicle, house 12 trailer, travel trailer, motor home or railroad car, including, without 13 limitation, any part thereof that is divided into a separately occupied 14 unit: 15 (1) In which any person lives; or 16 (2) Which is customarily used by a person for overnight 17 accommodations, 18  regardless of whether the person is inside at the time of the 19 offense. 20 (c) “Motor vehicle” means any motorized craft or device 21 designed for the transportation of a person or property across land or 22 water or through the air which does not qualify as a dwelling or 23 business structure pursuant to this section. 24 (d) “Unlawfully enters or unlawfully remains” means for a 25 person to enter or remain in a dwelling, structure or motor vehicle or 26 any part thereof, including, without limitation, under false pretenses, 27 when the person is not licensed or privileged to do so. For purposes 28 of this definition, a license or privilege to enter or remain in a part of 29 a dwelling, structure or motor vehicle that is open to the public is 30 not a license or privilege to enter or remain in a part of the dwelling, 31 structure or motor vehicle that is not open to the public. 32 Sec. 2. NRS 205.08345 is hereby amended to read as follows: 33 205.08345 1. A person [who knowingly] commits an offense 34 involving organized retail theft if the person: 35 (a) Knowingly participates directly or indirectly in or engages in 36 conduct with the intent to further an organized retail theft ; or 37 (b) Buys, receives, possesses or withholds retail merchandise 38 knowing that it was obtained through an organized retail theft or 39 under such circumstances as should have caused a reasonable 40 person to know that it was obtained through an organized retail 41 theft, whether or not the person involved in the theft committed in 42 the organized retail theft is or has been prosecuted or convicted 43 for the offense. 44 – 5 – - *SB264* 2. A person who violates the provisions of subsection 1 is 1 guilty of a category B felony and shall be punished by imprisonment 2 in the state prison for: 3 (a) If the aggregated value of the property or services involved 4 in all thefts committed in the organized retail theft in this State 5 during a period of 120 days is at least $3,500 but less than $10,000, 6 a minimum term of not less than 1 year and a maximum term of not 7 more than 10 years, and by a fine of not more than $10,000. 8 (b) If the aggregated value of the property or services involved 9 in all thefts committed in the organized retail theft in this State 10 during a period of 120 days is $10,000 or more, a minimum term of 11 not less than 2 years and a maximum term of not more than 15 12 years, and by a fine of not more than $20,000. 13 [2.] 3. In addition to any other penalty, the court shall order a 14 person who violates this section to pay restitution. 15 [3.] 4. For the purposes of this section, in determining the 16 aggregated value of the property or services involved in all thefts 17 committed in the organized retail theft in this State during a period 18 of 120 days: 19 (a) The amount involved in a single theft shall be deemed to be 20 the highest value, by any reasonable standard, of the property or 21 services which are obtained; and 22 (b) The amounts involved in all thefts committed by all 23 participants in the organized retail theft must be aggregated. 24 [4.] 5. In any prosecution for a violation of this section, the 25 violation shall be deemed to have been committed and may be 26 prosecuted in any jurisdiction in this State in which any theft 27 committed by any participant in the organized retail theft was 28 committed, regardless of whether the defendant was ever physically 29 present in that jurisdiction. 30 [5.] 6. The Attorney General may investigate and prosecute a 31 violation of this section and any other statute violated in the course 32 of committing a violation of this section. 33 [6.] 7. As used in this section: 34 (a) “Internet or network site” has the meaning ascribed to it in 35 NRS 205.4744. 36 (b) “Merchant” has the meaning ascribed to it in NRS 597.850. 37 (c) “Organized retail theft” means committing, either alone or 38 with any other person or persons, a theft or series of thefts of retail 39 merchandise against one or more merchants, either on the premises 40 of a merchant or through the use of an Internet or network site, in 41 this State . [with the intent to: 42 (1) Return the merchandise to the merchant for value; or 43 – 6 – - *SB264* (2) Resell, trade or barter the merchandise for value in any 1 manner, including, without limitation, through the use of an Internet 2 or network site.] 3 (d) “Retail merchandise” means any good, product, item, 4 pr [Text truncated for display. Full text available on LegiScan.]