Nevada 32nd (2020) Special Session Status: Enacted

AB 3 — Makes various changes relating to public safety. (BDR 14-14)

Last action — Approved by the Governor. Chapter 4.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced July 30, 2020. Enacted.

Prognosis

Advancing 50% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

AN ACT relating to public safety; authorizing a person to record law enforcement activity in certain circumstances; revising provisions relating to the use of physical force by a peace officer; requiring a peace officer to intervene to prevent the use of unjustified physical force by another peace officer in certain circumstances and to report the observation of the use of unjustified physical force by another peace officer; requiring law enforcement agencies to adopt a written policy regarding the drug and alcohol testing of a peace officer in certain circumstances; providing that the newly effective provisions of law reducing the maximum period of probation or suspension of sentence that may be imposed upon a person apply to persons sentenced on or after July 1, 2020; requiring law enforcement agencies to provide a report to the Legislature containing certain information relating to traffic stops and other stops by law enforcement officers and the software used to process certain information during such traffic stops and other stops; and providing other matters properly relating thereto.

Bill Text

What changed in the latest version

346 added · 411 removed

346 line(s) added, 411 removed.

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(Reprinted with amendments adopted on August 1, 2020) FIRST REPRINT A.B.
Assembly Bill No.
3 A SSEMBLY BILL N O.
3–Committee of the Whole CHAPTER..........
3–COMMITTEE OF THE W HOLE PREFILED JULY 30, 2020 ____________ Referred to Committee of the Whole SUMMARY—Makes various changes relating to public safety.
(BDR 14-14) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
Section 1 of this bill authorizes a person who is not under arrest or in the circumstances and prohibits a peace officer from interfering with a person’s lawful recording of a law enforcement activity.
Section 1 of this bill authorizes a person who is not under arrest or in the custody of a peace officer to record law enforcement activity in certain circumstances and prohibits a peace officer from interfering with a person’s lawful recording of a law enforcement activity.
- *AB3_R1* – 2 – officer is prohibited from subjecting the person to more restraint than is necessary to arrest and detain the person.
officer is prohibited from subjecting the person to more restraint than is necessary to arrest and detain the person.
and (2) the peace officer completed training regarding the proper use of a choke hold and is certified for its use.
and (2) the peace officer completed training regarding the proper use of a choke hold and is certSection 2 of this bill provides that when a peace officer is arresting a person and the person flees or forcibly resists, the peace officer is generally authorized to use only the amount of reasonable force necessary to effect the arrest.
(NRS 289.810) Section 2 of this bill provides that when a peace officer is arresting a person use only the amount of reasonable force necessary to effect the arrest.
Section 4 of this bill prohibits a peace officer from:
Section 4 ofto this bill prohibits a peace officer from:
Section 4 also requires a peace officer to monitor any person who is in the custody of the peace officer for any signs of distress and to take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
Section 4 also officer for any signs of distress and to take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
Section 4 further requires a peace officer to ensure that medical aid is rendered to any person who is injured by the use of physical force by theSection 5 of this bill requires a peace officer to:
Section 4 further requires a peace officer to ensure that medical aid is rendered to any person who is injured by the use of physical force by the peace officer.
(1) intervene to prevent or stop another peace officer from using unjustified physical force if the peace officer observes or reasonably should have observed the use of such unjustified physical force and it is safe for the peace officer to intervene;
Sections 7 and 12 of this bill make conforming changes.
- 32nd Special Session (2020) – 2 – another peace officer from using unjustified physical force if the peace officer or stop observes or reasonably should have observed the use of such unjustified physical force and it is safe for the peace officer to intervene;
Section 10 of this bill provides that any person who is sentenced on or after July 1, 2020, and before the date that this bill becomes effective is entitled to have his or her period of probation or suspension of sentence reduced to - *AB3_R1* – 3 – the maximum applicable period set forth pursuant to the change in law that became effective on July 1, 2020.
Section 10 of this bill provides that any person who is sentenced on or after July 1, 2020, and before the date that this bill becomes effective is entitled to have his or her period of probation or suspension of sentence reduced to the maximum applicable period set forth pursuant to the change in law that became effective on July 1, 2020.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
A person who is under arrest or in the custody of a peace officer does not, by that status alone, forfeit the right to have any such recordings, property or instruments maintained and returned to him or her.
A person who is under arrest or in the custody of a peace - 32nd Special Session (2020) – 3 – officer does not, by that status alone, forfeit the right to have any such recordings, property or instruments maintained and returned to him or her.
This subsection must not be construed to authorize a person to engage in actions that interfere with or obstruct a law enforcement activity or otherwise violate any other law in an effort to record a law enforcement activity.
This subsection must not be construed to authorize a person to engage in actions that interfere with or obstruct a law to record a law enforcement activity.late any other law in an effort 2.
2.
(b) “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
- *AB3_R1* – 4 – (c) “Record” means to capture or attempt to capture any moving or still image, sound or impression through the use of any recording device, camera or any other device capable of capturing audio or moving or still images, or by means of written notes or observations.
(c) “Record” means to capture or attempt to capture any moving or still image, sound or impression through the use of any recording device, camera or any other device capable of capturing audio or moving or still images, or by means of written notes or observations.
The officer need not have the warrant in the officer’s possession at the time of the arrest, but upon request the officer must show the warrant to the defendant as soon as possible.
The officer need not have the warrant in the officer’s possession at the time of the arrest, but upon request the officer must show the warrant to the - 32nd Special Session (2020) – 4 – in the officer’s possession at the time of the arrest, the officer shall then inform the defendant of the officer’s intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued.
If the officer does not have a warrant in the officer’s possession at the time of the arrest, the officer shall then inform the defendant of the officer’s intention to arrest the defendant, of the offense charged, the authority to make it and of the fact that a warrant has or has not been issued.
(c) The defendant provides satisfactory evidence of his or her identity to the peace officer;
(c) The defendant provides satisfactory evidence of his or her ide(d) The defendant signs a written promise to appear in court for the misdemeanor offense;
(d) The defendant signs a written promise to appear in court for the misdemeanor offense;
In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the - *AB3_R1* – 5 – agent is one authorized by statute to receive service and the statute so requires, by also mailing a copy to the corporation’s last known address within the State of Nevada or at its principal place of business elsewhere in the United States.
In the case of a corporation, the summons must be served at least 5 days before the day of appearance fixed in the summons, by delivering a copy to an officer or to a managing or general agent or to any other agent authorized by appointment or by law to receive service of process and, if the agent is one authorized by statute to receive service and the statute address within the State of Nevada or at its principal place ofnown business elsewhere in the United States.
A peace officer shall monitor any person who is in the custody of the peace officer for any signs of distress and shall take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
A peace - 32nd Special Session (2020) – 5 – officer shall monitor any person who is in the custody of the peace officer for any signs of distress and shall take any actions necessary to place such a person in a recovery position if he or she appears to be in distress or indicates that he or she cannot breathe.
3.
physical force on another person, the peace officer shall ensureses that medical aid is rendered to any person who is injured by the use of such physical force as soon as practicable.
If a peace officer, in carrying out his or her duties, uses physical force on another person, the peace officer shall ensure that medical aid is rendered to any person who is injured by the use of such physical force as soon as practicable.
Except as otherwise provided in this subsection, a peace officer shall, without regard for chain of command, intervene to prevent or stop another peace officer from using physical force that is not justified in pursuance of the other peace officer’s law enforcement duties in carrying out the arrest of a person, placing a person under detention, taking a person into custody or booking a person.
Except as otherwise provided in this subsection, a peace officer shall, without regard for chain of command, intervene to prevent or stop another peace officer from using physical force that is not justified in pursuance of the other peace person, placing a person under detention, taking a person into a custody or booking a person.
- *AB3_R1* – 6 – (a) A peace officer observes the use of physical force that is not justified or reasonably should have observed the use of physical force that is not justified;
(a) A peace officer observes the use of physical force that is not justified or reasonably should have observed the use of physical force that is not justified;
A peace officer who observes the use of physical force that is not justified shall report the observation to his or her immediate supervisor unless the observation involves his or her immediate supervisor, in which case the peace officer shall report the observation to the supervisor of his or her immediate supervisor.
A peace officer who observes the use of physical force that is not justified shall report the observation to his or her immediate - 32nd Special Session (2020) – 6 – supervisor unless the observation involves his or her immediate supervisor, in which case the peace officer shall report the observation to the supervisor of his or her immediate supervisor.
(a) Include, without limitation:
(a)(1) The date, time and location of the incident;
(1) The date, time and location of the incident;
Show all 79 changed rows (39 more)
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Sec.
thereto a new section to read as follows:
6.
amended by adding 1.
Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows:
Each law enforcement agency shall adopt a written policy regarding the drug and alcohol testing of a peace officer following an officer-involved shooting or when the conduct of a peace officer results in substantial bodily harm to or the death of another person.
1.
Each law enforcement agency shall adopt a written policy regarding the drug and alcohol testing of a peace officer following an officer-involved shooting or when the conduct of a peace officer results in substantial bodily harm to or the death of - *AB3_R1* – 7 – another person.
and (b) The drug and alcohol testing must be completed as soon as practicable after the officer-involved shooting or the conduct of the peace officer that resulted in substantial bodily harm to or the death of another person, but not later than the end of the involved peace officer’s shift.
and (b) The drug and alcohol testing must be completed as soon as practicable after the officer-involved shooting or the conduct of the peace officer that resulted in substantial bodily harm to or the - 32nd Special Session (2020) – 7 – death of another person, but not later than the end of the involved peace officer’s shift.
As used in this section, “officer-involved shooting” means any instance when a peace officer discharges his or her firearm during the performance of his or her official duties or in the line of duty and thereby causes injury or death to one or more persons.
As used in this section, “officer-involved shooting” means any instance when a peace officer discharges his or her firearm of duty and thereby causes injury or death to one or more persons.e Sec.
Sec.
“Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.
“Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289[5.] 4.
[5.] 4.
2“Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
“Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
Sec.
- *AB3_R1* – 8 – Sec.
On or before November 1, 2020, each law enforcement agency in this State shall provide a report containing the following information to the Director of the Legislative Counsel Bureau for transmittal to the 81st Session of the Nevada Legislature:
On or before November 1, 2020, each law enforcement agency in this State shall provide a report containing - 32nd Special Session (2020) – 8 – Bureau for transmittal to the 81st Session of the Nevada Legislature:
(1) The name of the provider of the software used in law enforcement vehicles and law enforcement dispatch offices to process the identity or driver’s license number of a person;
(1) The name of the provider of the software used in law enforcement vehicles and law enforcement dispatch offices to process(2) Information regarding the data collected through the use of the software, including, without limitation:
and (2) Information regarding the data collected through the use of the software, including, without limitation:
- *AB3_R1* – 9 – (b) “Other stop” means any occasion when a person is halted by a law enforcement officer for an alleged violation of law, or any other purpose.
a law enforcement officer for an alleged violation of law, or any other purpose.
If, pursuant to the provisions of NRS 176A.500 as that section existed before July 1, 2020, a person is sentenced on or after July 1, 2020, and before the effective date of this act to a period of probation or suspension of sentence that exceeds the maximum period of probation set forth in NRS 176A.500 as that her period of probation or suspension of sentence reduced to thehis or maximum applicable period of probation or suspension of sentence set forth in NRS 176A.500 as that section existed on July 1, 2020.
If, pursuant to the provisions of NRS 176A.500 as that section existed before July 1, 2020, a person is sentenced on or after July 1, 2020, and before the effective date of this act to a period of probation or suspension of sentence that exceeds the - 32nd Special Session (2020) – 9 – section existed on July 1, 2020, the person is entitled to have his or her period of probation or suspension of sentence reduced to the maximum applicable period of probation or suspension of sentence set forth in NRS 176A.500 as that section existed on July 1, 2020.
TEXT OF REPEALED SECTIONS 289.590 Training in proper use of choke hold as condition of certification;
~~~~~ 20 - 32nd Special Session (2020)
annual training and recertification;
regulations.
1.
As a condition of the certification of a peace officer the course of the peace officer’s duties, the Peace Officers’ in Standards and Training Commission shall require the peace officer to be trained in the proper use of the choke hold.
In addition, the Commission shall require annual training and recertification in the proper use of the choke hold if the agency employing the peace officer continues to authorize the official use of the choke hold.
2.
The Commission shall adopt regulations regarding the minimum training and testing required to comply with the requirements of subsection 1 and the manner in which each such agency shall demonstrate its continuing compliance with the requirements of subsection 1.
- *AB3_R1* – 10 – 289.810 Peace officer prohibited from using choke hold;
exceptions;
agencies required to adopt regulations.
1.
A peace officer shall not use a choke hold on any other person unless:
(a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties;
and (b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use2.y tIf a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.
3.
Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized.
If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:
choke hold, is authorized to use the hold in the course of the peace officer’s duties;
(b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements;
and (c) The consequences of unauthorized or uncertified use of a choke hold.
H - *AB3_R1*
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Amendments

1 amendment

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Action History

  1. Approved by the Governor. Chapter 4.

  2. Enrolled and delivered to Governor.

  3. Read third time. Passed. Title approved. (Yeas: 19, Nays: 2.) To Assembly. In Assembly. To enrollment.

  4. Read second time.

  5. Rereferred to Committee of the Whole. To committee. From committee: Amend, and do pass as amended. Declared an emergency measure under the Constitution. Read third time. Amended. (Amend. No. 3.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved. (Yeas: 38, Nays: 4.) To printer. From printer. To engrossment. Engrossed. First reprint. To Senate. In Senate. Read first time. Referred to Committee of the Whole. To committee. From committee: Do pass.

  6. From printer. Read first time. Placed on Chief Clerk's desk.

  7. Prefiled. Referred to Committee of the Whole. To printer.

Sponsors

  • Assembly Committee of the Whole · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Assembly Committee of the Whole

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does AB 3 do?
AN ACT relating to public safety; authorizing a person to record law enforcement activity in certain circumstances; revising provisions relating to the use of physical force by a peace officer; requiring a peace officer to intervene to prevent the use of unjustified physical force by another peace officer in certain circumstances and to report the observation of the use of unjustified physical force by another peace officer; requiring law enforcement agencies to adopt a written policy regarding the drug and alcohol testing of a peace officer in certain circumstances; providing that the newly effective provisions of law reducing the maximum period of probation or suspension of sentence that may be imposed upon a person apply to persons sentenced on or after July 1, 2020; requiring law enforcement agencies to provide a report to the Legislature containing certain information relating to traffic stops and other stops by law enforcement officers and the software used to process certain information during such traffic stops and other stops; and providing other matters properly relating thereto.
Who sponsors AB 3?
AB 3 is sponsored by Assembly Committee of the Whole.
What is the current status of AB 3?
This bill has been enacted into law. Introduced July 30, 2020. Enacted.
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