Except as otherwise provided in NRS 179.1211 to 179.1235, inclusive, and 207.350 to 207.520, inclusive, the provisions of NRS 179.1156 to 179.121, inclusive, govern the seizure, forfeiture and disposition of all property and proceeds subject to forfeiture. (Added to NRS by 1987, 1380; A 1989, 1789; 2007, 205; 2015, 2501)
As used in NRS 179.1156 to 179.1205, inclusive, unless the context otherwise requires, the words and terms defined in NRS 179.1158 to 179.11635, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 1987, 1380; A 1989, 1789; 1991, 209; 2015, 2501)
“Claimant” means any person who claims to have: 1. Any right, title or interest of record in the property or proceeds subject to forfeiture; 2. Any community property interest in the property or proceeds; or 3. Had possession of the property or proceeds at the time of the seizure thereof by the plaintiff. (Added to […]
“Plaintiff” means the law enforcement agency which has commenced a proceeding for forfeiture. (Added to NRS by 1987, 1380)
“Proceeds” means any property, or that part of an item of property, derived directly or indirectly from the commission or attempted commission of a crime. (Added to NRS by 1987, 1380)
“Property” includes any: 1. Real property or interest in real property. 2. Fixture or improvement to real property. 3. Personal property, whether tangible or intangible, or interest in personal property. 4. Conveyance, including any aircraft, vehicle or vessel. 5. Money, security or negotiable instrument. 6. Proceeds. (Added to NRS by 1987, 1380)
“Protected interest” means the enforceable interest of a claimant in property, which interest is shown not to be subject to forfeiture. (Added to NRS by 1987, 1380)
“Willful blindness” means the intentional disregard of objective facts which would lead a reasonable person to conclude that the property was derived from unlawful activity or would be used for an unlawful purpose. (Added to NRS by 1991, 209)
1. Except as otherwise provided in subsection 2, the following property is subject to seizure and forfeiture in a proceeding for forfeiture: (a) Any proceeds attributable to the commission or attempted commission of any felony. (b) Any property or proceeds otherwise subject to forfeiture pursuant to NRS 179.121, 200.760, 202.257, 370.419, 453.301 or 501.3857. 2. […]
1. Except as provided in subsection 2, property that is subject to forfeiture may only be seized by a law enforcement agency upon process issued by a magistrate having jurisdiction over the property. 2. A seizure of property may be made by a law enforcement agency without process if: (a) The seizure is incident to: […]
1. All right, title and interest in property subject to forfeiture vests in the plaintiff: (a) In the case of property used or intended for use to facilitate the commission or attempted commission of any felony, when the property is so used or intended for such use. (b) In the case of property otherwise subject […]
1. Except as otherwise provided in NRS 179.1156 to 179.1205, inclusive, the Nevada Rules of Civil Procedure are applicable to and constitute the rules of practice in a proceeding for forfeiture pursuant to those sections. 2. A proceeding for forfeiture is commenced by filing a complaint for forfeiture. If the property has been seized without […]
1. Except as otherwise provided in subsection 2, the district court shall proceed as soon as practicable to a trial and determination of the matter. A proceeding for forfeiture is entitled to priority over other civil actions which are not otherwise entitled to priority. 2. At a proceeding for forfeiture, the court shall issue an […]
1. Except as otherwise provided in subsection 2, after property has been seized the agency which seized the property may: (a) Place the property under seal; (b) Remove the property to a place designated by the agency for the storage of that type of property; or (c) Remove the property to an appropriate place for […]
1. The proceeds from any sale or retention of property declared to be forfeited and any interest accrued pursuant to subsection 2 of NRS 179.1175 must be applied, first, to the satisfaction of any protected interest established by a claimant in the proceeding, then to the proper expenses of the proceeding for forfeiture and resulting […]
If a vehicle or other conveyance is forfeited of a kind which is subject to the provisions of title 43 of NRS governing certificates of title, the agency charged by law with responsibility for issuing certificates of title for conveyances of the kind shall issue a certificate of title to: 1. The governing body or […]
1. The governing body controlling each law enforcement agency that receives proceeds from the sale of forfeited property shall establish with the State Treasurer, county treasurer, city treasurer or town treasurer, as custodian, a special account, known as the “…………….. Forfeiture Account.” The account is a separate and continuing account and no money in it […]
1. Any law enforcement agency that receives forfeited property or the proceeds of a sale of such property pursuant to the provisions contained in NRS 179.1156 to 179.1205, inclusive, shall: (a) File a quarterly report of the approximate value of the property and the amount of the proceeds with the entity that controls the budget […]
1. On an annual basis, each law enforcement agency shall report the following information about each individual seizure and forfeiture completed by the law enforcement agency under state forfeiture law: (a) Data on seizures and forfeitures, including, without limitation, the: (1) Date that currency, vehicles, houses or other types of property were seized; (2) Type […]
1. All personal property, including, without limitation, any tool, substance, weapon, machine, computer, money or security, which is used as an instrumentality in any of the following crimes is subject to forfeiture: (a) The commission of or attempted commission of the crime of murder, robbery, kidnapping, burglary, invasion of the home, grand larceny or theft […]
