[Rev. 11/21/2013 10:06:09 AM--2013]

CHAPTER 205A - TECHNOLOGICAL CRIME ADVISORY BOARD

NRS 205A.010        Definitions.

NRS 205A.020        “Board” defined.

NRS 205A.030        “Technological crime” defined.

NRS 205A.040        Creation; membership; terms of members; election of Chair and Vice Chair; vacancies; members serve without compensation; members holding public office or employed by governmental entity.

NRS 205A.050        Meetings; designation of representative; quorum; effect of membership upon holding public office or public employment.

NRS 205A.060        General duties of Board.

NRS 205A.070        Executive Director: Appointment; Board to establish qualifications, powers and duties.

NRS 205A.080        Appointment of full-time administrative assistant.

NRS 205A.090        Account for the Technological Crime Advisory Board: Creation; use; distribution of money in Account as result of certain criminal or civil forfeitures.

NRS 205A.100        Gifts, grants, appropriations or donations; deposit of money in designated Account.

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      NRS 205A.010  Definitions.  As used in this chapter, unless the context otherwise requires, the words and terms defined in NRS 205A.020 and 205A.030 have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 2700)

      NRS 205A.020  “Board” defined.  “Board” means the Technological Crime Advisory Board created pursuant to NRS 205A.040.

      (Added to NRS by 1999, 2700; A 2007, 206)

      NRS 205A.030  “Technological crime” defined.  “Technological crime” means the commission of, attempt to commit or conspiracy to commit any crime that involves, directly or indirectly, any component, device, equipment, system or network that, alone or in conjunction with any other component, device, equipment, system or network, is designed or has the capability to:

      1.  Be programmed; or

      2.  Generate, process, store, retrieve, convey, emit, transmit, receive, relay, record or reproduce any data, information, image, program, signal or sound in a technological format, including, without limitation, a format that involves analog, digital, electronic, electromagnetic, magnetic or optical technology.

      (Added to NRS by 1999, 2701; A 2007, 206)

      NRS 205A.040  Creation; membership; terms of members; election of Chair and Vice Chair; vacancies; members serve without compensation; members holding public office or employed by governmental entity.

      1.  The Technological Crime Advisory Board is hereby created.

      2.  The Board consists of 13 members as follows:

      (a) The Attorney General.

      (b) The Administrator of the Division of Enterprise Information Technology Services.

      (c) One member of the Senate appointed by the Majority Leader of the Senate.

      (d) One member of the Assembly appointed by the Speaker of the Assembly.

      (e) Nine other persons appointed by the Governor as follows:

             (1) Two or more persons who represent major sectors of the economy of this State that are impacted significantly by technological crimes.

             (2) One or more persons who are employees of a law enforcement agency of this State.

             (3) One or more persons who are employees of a public educational institution within this State.

             (4) One or more persons who are residents of this State and who are employed by the Federal Government.

      3.  Each member of the Board who is appointed to the Board serves for a term of 4 years. A vacancy on the Board in an appointed position must be filled in the same manner as the original appointment. A member may be reappointed to the Board.

      4.  The members of the Board shall elect a Chair and Vice Chair by majority vote. After the initial election, the Chair and Vice Chair shall hold office for a term of 1 year beginning on July 1 of each year. If the position of Chair or Vice Chair becomes vacant, the members of the Board shall elect a Chair or Vice Chair, as appropriate, from among its members for the remainder of the unexpired term.

      5.  The members of the Board:

      (a) Serve without compensation; and

      (b) May, upon written request, receive the per diem allowance and travel expenses provided for state officers and employees generally while engaged in the business of the Board.

      6.  A member of the Board who is an officer or employee of this State or a political subdivision of this State must be relieved from duties without loss of regular compensation so that the officer or employee may prepare for and attend meetings of the Board and perform any work necessary to carry out the duties of the Board in the most timely manner practicable. A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Board to make up the time the officer or employee is absent from work to carry out duties as a member of the Board or use annual vacation or compensatory time for the absence.

      (Added to NRS by 1999, 2701; A 2007, 206)

      NRS 205A.050  Meetings; designation of representative; quorum; effect of membership upon holding public office or public employment.

      1.  The Board shall meet at least once every quarter and at the times and places specified by a call of the Chair or a majority of the members of the Board.

      2.  Except as otherwise provided in subsection 3, a member of the Board may designate in writing a person to represent him or her at a meeting of the Board if it is impractical for the member of the Board to attend the meeting. A representative who has been so designated:

      (a) Shall be deemed to be a member of the Board for the purpose of determining a quorum at the meeting; and

      (b) May vote on any matter that is voted on by the regular members of the Board at the meeting.

      3.  The Attorney General may designate a representative to serve in his or her place on the Board or attend a meeting of the Board in his or her place. The Administrator of the Division of Enterprise Information Technology Services may designate a representative to serve in his or her place on the Board or attend a meeting of the Board in his or her place.

      4.  Seven members of the Board constitute a quorum. Except as otherwise provided in NRS 205A.070 and 205A.080, a quorum may exercise all the power and authority conferred on the Board.

      5.  Notwithstanding any other provision of law, a member of the Board:

      (a) Is not disqualified from public employment or holding a public office because of membership on the Board; and

      (b) Does not forfeit public office or public employment because of membership on the Board.

      (Added to NRS by 1999, 2702; A 2007, 207)

      NRS 205A.060  General duties of Board.  The Board shall:

      1.  Facilitate cooperation between state, local and federal officers in detecting, investigating and prosecuting technological crimes.

      2.  Establish, support and assist in the coordination of activities between two multiagency task forces on technological crime, one based in Reno and one based in Las Vegas, consisting of investigators and forensic examiners who are specifically trained to investigate technological crimes.

      3.  Coordinate and provide training and education for members of the general public, private industry and governmental agencies, including, without limitation, law enforcement agencies, concerning the statistics and methods of technological crimes and how to prevent, detect and investigate technological crimes.

      4.  Assist the Division of Enterprise Information Technology Services in securing governmental information systems against illegal intrusions and other criminal activities.

      5.  Evaluate and recommend changes to the existing civil and criminal laws relating to technological crimes in response to current and projected changes in technology and law enforcement techniques.

      6.  Distribute money deposited pursuant to NRS 179.1233 into the Account for the Technological Crime Advisory Board in accordance with the provisions of NRS 205A.090.

      7.  Authorize the payment of expenses incurred by the Board in carrying out its duties pursuant to this chapter.

      (Added to NRS by 1999, 2702; A 2007, 207)

      NRS 205A.070  Executive Director: Appointment; Board to establish qualifications, powers and duties.

      1.  Upon approval by a majority of the members of the Board, the Board shall appoint an Executive Director of Technological Crime within the Office of the Attorney General.

      2.  The Executive Director is in the unclassified service of the State and serves at the pleasure of the Board.

      3.  The Board shall establish the qualifications, powers and duties of the Executive Director.

      (Added to NRS by 1999, 2703; A 2007, 208; 2013, 824)

      NRS 205A.080  Appointment of full-time administrative assistant.  Upon approval by two-thirds of the members of the Board, the Board shall appoint a full-time administrative assistant who is in the unclassified service of the State, serves at the pleasure of the Board and reports to the Executive Director.

      (Added to NRS by 1999, 2703; A 2007, 208)

      NRS 205A.090  Account for the Technological Crime Advisory Board: Creation; use; distribution of money in Account as result of certain criminal or civil forfeitures.

      1.  The Account for the Technological Crime Advisory Board is hereby created in the State General Fund. The Board shall administer the Account.

      2.  The money in the Account must only be used to carry out the provisions of this chapter and pay the expenses incurred by the Board in the discharge of its duties, including, without limitation, the payment of any expenses related to the creation and subsequent activities of the task forces on technological crime.

      3.  For each criminal or civil forfeiture carried out pursuant to NRS 179.1211 to 179.1235, inclusive, the Board shall distribute the money deposited into the Account pursuant to NRS 179.1233 in the following manner:

      (a) Not less than 25 percent to be retained in the Account for use by the Board to carry out the provisions of this chapter and to pay the expenses incurred by the Board in the discharge of its duties.

      (b) Not more than 75 percent to be distributed to the federal, state and local law enforcement agencies that participated in the investigation of the unlawful act giving rise to the criminal or civil forfeiture in accordance with the level of participation of each law enforcement agency as determined by the Board. If the participating law enforcement agencies have entered into an agreement to share any such money, the Board shall distribute the money to the law enforcement agencies in accordance with the provisions of the agreement.

      4.  Claims against the Account must be paid as other claims against the State are paid.

      5.  The money in the Account that is provided from sources other than the State General Fund or the State Highway Fund must remain in the Account and must not revert to the State General Fund at the end of any fiscal year. Money in the Account that is appropriated or allocated from the State General Fund or the State Highway Fund must revert as provided in the legislation that authorizes the appropriation or the allocation.

      (Added to NRS by 1999, 2703; A 2007, 208, 1713)

      NRS 205A.100  Gifts, grants, appropriations or donations; deposit of money in designated Account.

      1.  The Board may apply for any available grants and accept gifts, grants, appropriations or donations from any public or private source to assist the Board in carrying out its duties pursuant to the provisions of this chapter.

      2.  Any money received by the Board must be deposited in the Account for the Technological Crime Advisory Board created pursuant to NRS 205A.090.

      (Added to NRS by 1999, 2703; A 2007, 209)