Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(80th) A AB376 384 Amendment No.
376–Assemblymen384 Torres,Assembly Assefa,Amendment Neal,to Flores,Assembly Fumo;Bill No.
Carrillo,376 Daly,(BDR Duran,14-675) Martinez,Proposed Nguyenby: and Watts CHAPTER..........
ANAssembly ACTCommittee relatingon toJudiciary personsAmends: in custody;
Summary:
Yes Title:
Yes Preamble:
No Joint Sponsorship:
No Digest:
Yes Adoption of this amendment will MAINTAIN the unfunded mandate not requested by the affected local government to A.B.
376 (§ 1).
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.
BAW/BJE - Date:
4/20/2019 A.B.
No.
376—Requires local law enforcement agencies to report annually to the Legislature certain statistics relating to transfers of undocumented persons to the custody of federal agencies.
(BDR 14-675) Page 1 of 5 *A_AB376_384* Assembly Amendment No.
384 to Assembly Bill No.
376 Page 3 A SSEMBLY BILL NO .
376–ASSEMBLYMEN T ORRES , ASSEFA, NEAL, FLORES , UMO ;
C ARRILLO, DALY , URAN , M ARTINEZ, NGUYEN AND W ATTS M ARCH 20,2019 _______________ Referred to Committee on Judiciary SUMMARY—[Requires local law enforcement agencies to report annually to the Legislature certain statistics relating to transfers of undocumented] Revises provisions relating to persons [to the] in custody .
[of federal agencies.] (BDR 14-675) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
No.
CONTAINS UNFUNDED MANDATE (§ 1) (NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
AN ACT relating to [law enforcement agencies;] persons in custody;
requiring [local law enforcement agencies] certain entities to report annually to the Legislature certain statistics relating to transfers of [undocumented] persons to the custody of federal agencies;
custodyExisting oflaw aprovides countyfor or city jail or detention facility regarding his or her is in the immigrationcollection status,and thereporting person seeking to question the prisonerLegislature shallof informcertain thestatistical prisonerdata ofconcerning thecertain purposecrimes, ofsuch theas questionscrimes regardingrelated theto immigrationprejudice statusand ofcrimes thecommitted prisoner.against older persons.
EXPLANATION(NRS –179A.175, Matter179A.450) inSection bolded1 italicsof isthis new;bill requires [each local law enforcement agency] certain entities to submit [an annual report] reports to the Legislature relating to the transfer of [undocumented] persons to the custody of federal agencies by that [local law enforcement agency] entity for the purposes of immigration enforcement during the previous [fiscal] calendar year.
matterSection between1 bracketsrequires [omitted[the] material]each isreport material to beinclude: omitted.
THE(1) SENATEthe ANDtotal ASSEMBLY,number DOof ENACT[undocumented] ASpersons FOLLOWS:Dwho INwere Sectiontransferred 1.to the reasons for those transfers;
(Deleted(2) bythe amendment.)crimes Sec.for which those [undocumented] persons werec arrested, including the total number of [undocumented] persons arrested for each specific crime;
[and] (3) the [name of each federal agency to whose custody an undocumented person was transferred and the total number of undocumented persons transferred to that federal agency.] most serious crime for which those persons were convicted in the past, if any;
(4) whether those persons had an active judicial warrant;
and (5) if those persons were held in custody beyond the date on which they would have otherwise been released had they not been held in custody for the purpose of being transferred to the custody of a federal agency, the number of days they were held in custody beyond the date on which Assembly Amendment No.
384 to Assembly Bill No.
376 Page 4 those days.
Under section 1, the data acquired or reported must be used only for research or statistical purposes and must not contain any information that may reveal the identity of any [undocumented] person [.] transferred to the custody of a federal agency.
Section 1.5 of this bill provides that before questioning a prisoner in the custody of a county or city jail or detention facility regarding his or her immigration status, the person seeking to question the prisoner shall inform the prisoner of the purpose of the questions regarding the immigration status of the.prisoner THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1.
Chapter 179A of NRS is hereby amended by adding thereto a new section to read as follows:
1.
[On or before the last day of the third month] Within 60 days following the end of the previous [fiscal] calendar year, each [local law enforcement agency] designated entity shall submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature or, if the Legislature is not in session, to the Legislative Commission , a report relating to the transfer of [undocumented] persons to the custody of federal agencies by that [local law enforcement agency] designated entity for the purposes of immigration enforcement during the previous [fiscal] calendar year.
2.
The report must include the following information:
(a) The total number of [undocumented] persons who were transferred to the custody of a federal agency for the purposes of immigration enforcement and the specific reasons for those transfers [.] , such as whether the transfers were made pursuant to a judicial warrant, a program implemented pursuant to section 287(g) of the Immigration and Nationality Act, 8 U.S.C.
§ 1357(g), a detainer issued by the United States Immigration and Customs Enforcement of the Department of Homeland Security or a request by a local law enforcement agency.
(b) The crimes for which those [undocumented] persons were arrested, including the total number of [undocumented] persons arrested for each specific crime.
(c) The [name of each federal agency to whose custody an undocumented person was transferred and the total number of undocumented persons transferred to that federal agency.] most serious crime for which those persons were convicted in the past, if any.
(d) Whether those persons had an active judicial warrant at the time of being transferred.
(e) If those persons were held in custody beyond the date on which they would have otherwise been released had they not been held in custody for the purpose of being transferred to the custody of a federal agency, the number of days they were held in custody beyond the date on which they would have otherwise been released and the cost for holding them in custody for those days.
3.
Data acquired or reported pursuant to this section must be used only for research or statistical purposes and must not contain any information that may reveal the identity of any [undocumented] person [.] transferred to the custody of a federal agency.
4.
As used in this section, [“local law enforcement agency” means:] “designated entity” includes:
(a) The sheriff’s office of a county;
Assembly Amendment No.
384 to Assembly Bill No.
376 Page 5 (b) A metropolitan police department;
[or] (c) A police department of an incorporated city [.] ;
(d) A county or city jail or detention facility;
(e) The Department of Corrections;
and (f) The Division of Parole and Probation of the Department of Public Safety.
Sec.
Before questioning a prisoner who is in the custody of a county or city jail or detention facility regarding his or her immigration status, the person seeking to question the prisoner shall inform the prisoner of the purpose of the questions regarding the immigration status of the prisoner.
Secs.Sec.
22. and 3.
(DeletedThe byprovisions amendment.)of Sec.subsection 1 of NRS 218D.380 do not apply to any provision of this act which adds or revises a requirement to submit a report to the Legislature.
Sec.
3.
The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
Sec.
This act becomes effective on [July 1, 2019.] January 1, 2020.
~~~~~ 19 - 80th Session (2019)