Nevada 2021 Regular Session Status: Enacted

SB 236 — Makes various changes relating to public safety. (BDR 23-217)

Last action — Approved by the Governor. Chapter 329.

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

This bill has been enacted into law. Introduced March 15, 2021. Enacted.

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Advancing 52% · moderate confidence

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High

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  • Enacted

    Current position in the legislative process.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

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Bill Text

What changed in the latest version

497 added · 472 removed

497 line(s) added, 472 removed.

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(Reprinted with amendments adopted on April 16, 2021) FIRST REPRINT S.B.
Senate Bill No.
236 SENATE B ILLN O.
236–Senators D.
236–S ENATORS D.
Harris;
H ARRIS;AND SPEARMAN M ARCH 15, 2021 ____________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to public safety.
and Spearman CHAPTER..........
(BDR 23-217) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 1,17) (NOTREQUESTED BAFFECTELOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
authorizing the Peace Officers’ Standards and Training Commission to adopt regulations relating to such early warning systems;
Legislative Counsel’s Digest:
LegiExisting law sets forth provisions governing peace officers and establishes the Peace Officers’ Standards and Training Commission (hereinafter “POST”), which generally provides for the training and education of peace officers.
Peace Officers’ Standards and Training Commission (hereinafter “POST”), whiches the generally provides for the training and education of peace officers.
(Chapter 289 of NRS) Section 1 of this bill requires every law enforcement agency to establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who display bias indicators or other problematic behavior.
(Chapter 289 of NRS) Section 1 of this bill requires every law enforcement agency to establish an early warning system for the purpose of identifying peace officers employed by the - *SB236_R1* – 2 – Section 1 requires that if a peace officer is identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer is required to increase its supervision of the peace officer and provide additional training and, if appropriate, counseling to the peace officer.
as displaying bias indicators or other problematic behavior, the law enforcementstem agency that employs the peace officer is required to increase its supervision of the peace officer and provide additional training and, if appropriate, counseling to the peace officer.
If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer is required to consider the consequences that should be imposed, including transferring the peace officer from any high-profile authorizes POST to adopt any regulations necessary to carry out the provisions relating to such early warning systems.
If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer is required to consider the consequences that should be imposed, including transferring the peace officer from any high-profile assiExisting law establishes provisions relating to the rules of the roads in this State.
Existing law establishes provisions relating to the rules of the roads in this State.
(1) a standardized method to be used by law enforcement officers to record certain information concerning traffic stops, including certain demographic facilitate the collection of such information.
(1) a standardized method to be used by law enforcement officers to record certain information concerning traffic stops in an electronic traffic citation system, training and procedures to facilitate the collection of such information.
(1) law enforcement officers that make a traffic stop to record such information beginning on January 1, 2022;
(1) law enforcement officers that make a traffic stop for which a citation is issued through an electronic traffic citation system to record such information during the period beginning on January 1, 2022, and ending on December 31, 2025;
and (2) law enforcement agencies that retain such information to report such information for each calendar year to the Department beginning not later than February 1, 2023.
and (2) law enforcement agencies that retain such information to report such information for the previous calendar year to the Department February 1, 2026.
Section 17 additionally requires that any such information be used by the Department for statistical purposes only and provides that any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
Section 17 additionally requires that any such information beil - 81st Session (2021) – 2 – used by the Department for statistical purposes only and provides that any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
available, to contract with a third party to review all public information reported by law enforcement agencies concerning traffic stops and conduct a statistical analysis of the data to identify patterns or practices of profiling.
Section 17.5 of this bill requires the Department, not later than January 1, 2024, to:
(1) develop and implement a standardized method to be used by law section 17 concerning traffic stops for which written citations or warnings are to issued;
(2) develop and implement training and procedures to facilitate the collection of such information;
and (3) update written forms for traffic citations to accommodate the collection of such information.
Section 17.5 also requires:
(1) law enforcement officers that make a traffic stop for which a written citation or warning is issued to record such information during the period beginning on January 1, 2024, and ending on December 31, 2025;
and (2) law enforcement agencies that retain such information to report to the Department such information for the previous calendar year not later than February 1, 2025, for the 2024 calendar year and not later than February 1, 2026, for the 2025 calendar year.
Section 17.5 additionally requires that any such information be used by the Department for statistical purposes only and provides that any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is collected or held by the Department is confidential.
Section 18 of this bill authorizes the Department, to the extent that money is available, to contract with a third party to review all public information reported by and conduct a statistical analysis of the data to identify patterns or practices of profiling.
Section 19 of this bill authorizes to any law enforcement agency mentioned in the report and, if such advice orssistance technical assistance is provided, requires the Department to present to POST a summary of the advice or technical assistance given.
Section 19 of this bill authorizes the Department, after reviewing the report, to provide advice or technical assistance to any law enforcement agency mentioned in the report and, if such advice or technical assistance is provided, requires the Department to present to POST a summary of the advice or technical assistance given.
However, section 25 of this bill provides that, unless the Department is able to perform such duties using existing resources, such obtained for the recording, collection and review of information concerning traffic stops made by law enforcement officers.
However, section 25 of this bill provides that, unless the requirements only become effective on the date on which federal funding is obtained for the recording, collection and review of information concerning traffic stops made by law enforcement officers.
- *SB236_R1* – 3 – Section 22 of this bill requires the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers.
Section 22 of this bill requires the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers.
(1) an emergency situations;
(1) an examination of certain proposals relating to responses to non-violent and non- emergency situations;
(2) a determination of how information should be provided to the public regarding when to call an emergency number, a non-emergency number or another help line;
(2) a determination of how information should be provided to - 81st Session (2021) – 3 – the public regarding when to call an emergency number, a non-emergency number to crises that do not require armed law enforcement officers;
(3) the consideration of alternative models regarding responses to crises that do not require armed law enforcement officers;
and (4) ading responses determination of the feasibility of establishing a pilot program relating to crisis response call centers.
and (4) a determination of the feasibility of establishing a pilot program relating to crisis of its findings and any recommendations for legislation to the Governor and theport Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
Section 22 requires the interim committee to submit a report of its findings and any recommendations for legislation to the Governor and the the Nevada Legislature.tive Counsel Bureau for transmittal to the 82nd Session of EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace - *SB236_R1* – 4 – officer shall consider the consequences that should be imposed, including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline.
If a peace officer is repeatedly identified by the early warning system as displaying bias indicators or other problematic behavior, the law enforcement agency that employs the peace officer shall consider the consequences that should be imposed, - 81st Session (2021) – 4 – including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline.
4.
Secs.
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The Peace Officers’ Standards and Training Commission may adopt any regulations necessary to carry out the provisions of this section.
2-4.
Sec.
(Deleted by amendment.) 239.010 1.RS 2Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, - 81st Session (2021) – 5 – 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and - 81st Session (2021) – 6 – sections 17 and 17.5 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental any person, and may be fully copied or an abstract or memorandumon by may be prepared from those public books and public records.
2.
(Deleted by amendment.) Sec.
3.
(Deleted by amendment.) Sec.
4.
(Deleted by amendment.) Sec.
5.
NRS 239.010 is hereby amended to read as follows:
239.010 1.
Except as otherwise provided in this section and NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, - *SB236_R1* – 5 – 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, - *SB236_R1* – 6 – 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and section 17 of this act, sections 35, 38 and 41 of chapter 478, Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of Nevada 2013 and unless otherwise declared by law to be confidential, all public books and public records of a governmental entity must be open at all times during office hours to inspection by any person, and may be fully copied or an abstract or memorandum may be prepared from those public books and public records.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic to provide a copy of a public record in an electronic format or by means of an electronic medium if:
Nothing in this subsection requires a governmental entity to provide a copy of a public record in an electronic format or by means of an electronic medium if:
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has - *SB236_R1* – 7 – already prepared or would prefer to provide the copy in a different medium.
(a) Shall not refuse to provide a copy of that public record in the medium that is requested because the officer, employee or agent has - 81st Session (2021) – 7 – already prepared or would prefer to provide the copy in a different medium.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require the person who has requested the copy to prepare the copy himself or herself.
(b) Except as otherwise provided in NRS 239.030, shall, upon request, prepare the copy of the public record and shall not require or herself.who has requested the copy to prepare the copy himself Sec.
Sec.
“Law enforcement 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.
“Law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred purSec.
Sec.
(Deleted by amendment.) Sec.
(Deleted by amendment.) inclusive.
Sec.
“Profiling” means the targeting of a person by a law enforcement agency or a law enforcement officer, on suspicion of the person having violated a provision of law, based solely on the person’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity or expression, sexual orientation, political affiliation,religion, homelessness or disability, unless the law enforcement agency or law enforcement officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.
“Profiling” means the targeting of a person by a law enforcement agency or a law enforcement officer, on suspicion of the person having violated a provision of law, based solely on the person’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity or expression, sexual orientation, political affiliation, religion, homelessness or disability, unless the law enforcement agency or law enforcement officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law.
Sec.
- 81st Session (2021) – 8 – Sec.
- *SB236_R1* – 8 – Sec.
Sec.
Not later than January 1, 2022, the Department shall develop and implement a standardized method to be used by law enforcement officers to record information concerning traffic stops.
Not later than January 1, 2022, the Department law enforcement officers to record information concerning traffic stops in an electronic traffic citation system.
The standardized method must require, and any form developed and used pursuant to the standardized method must provide for, the following information to be recorded for each stop:
The standardized method must require the electronic traffic citation system to provide for the following information to be recorded for each stop:
Not later than January 1, 2022, the Department, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of information concerning traffic stops pursuant to subsection 1.
Not later than January 1, 2022, the Department, in consultation with law enforcement agencies, shall develop and implement training and procedures to facilitate the collection of through an electronic traffic citation system pursuant toare issued subsection 1.
Beginning on January 1, 2022, each law enforcement officer that makes a traffic stop shall record for each stop the information set forth in paragraphs (a) to (e), inclusive, of subsection 1, and each law enforcement agency shall retain such information.
During the period beginning on January 1, 2022, and ending on December 31, 2025, each law enforcement officer that makes a traffic stop for which a citation is issued through an electronic traffic citation system shall record for each stop the information set forth in paragraphs (a) to (e), inclusive, of subsection 1, and each law enforcement agency shall retain such information.
Each law enforcement agency that engages in traffic stops shall report to the Department the information recorded for the previous calendar year pursuant to subsection 3 not later than February 1, 2023, and at least annually thereafter.
Each law enforcement agency that engages in traffic stops for which citations are issued through an electronic traffic citation system shall report to the Department the information recorded for the previous calendar year pursuant to subsection 3 not later than February 1, 2023, and at least annually thereafter until February 1, 2026.
- 81st Session (2021) – 9 – 5.
Information acquired pursuant to this section must be used by the Department only for statistical purposes and not for any other purpose.
Any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped thaSec.
17.5.cte1.orNotld latere thanrtmJanuaryconf1,en2024, the Department shall develop and implement a standardized method to be used by law enforcement officers to record information concerning traffic stops for which written citations or warnings are issued.
The standardized method must require the information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act to be recorded for each stop.
2.
Not later than January 1, 2024, the Department, in consultation with law enforcement agencies, shall:
(a) Develop and implement training and procedures to facilitate the collection of information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act concerning traffic stops for which written citations or warnings are issued;
and (b) Update written forms for traffic citations to accommodate the collection of information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of this act.
3.
During the period beginning on January 1, 2024, and ending on December 31, 2025, each law enforcement officer that makes a traffic stop for which a written citation or warning is issued shall record for each stop the information set forth in paragraphs (a) to (e), inclusive, of subsection 1 of section 17 of information.d each law enforcement agency shall retain such 4.
Each law enforcement agency that engages in traffic stops for which written citations or warnings are issued shall report to the Department the information recorded for the previous calendar year pursuant to subsection 3 not later than February 1, 2025, for the 2024 calendar year and not later than February 1, 2026, for the 2025 calendar year.
To the extent that money is available, the Department may contract with a third party to review all public information, including, without limitation, the prevalence and disposition of traffic stops reported by law enforcement agencies pursuant to section 17 of this act, and conduct a statistical analysis - *SB236_R1* – 9 – of the data for the purpose of identifying patterns or practices of profiling.
To the extent that money is available, the Department may contract with a third party to review all public information, including, without limitation, the prevalence and - 81st Session (2021) – 10 – disposition of traffic stops reported by law enforcement agencies pursuant to sections 17 and 17.5 of this act, and conduct a statistical analysis of the data for the purpose of identifying patterns or practices of profiling.
2.
pursuant to subsection 1 conducts a statistical analysis, the third party must, not later than December 31 of the year in which the statistical analysis is conducted, report the results of the analysis to the Governor, the Department, the Chair of the Senate Standing Committee on Judiciary and the Chair of the Assembly Standing Committee on Judiciary.
If a third party with whom the Department contracts pursuant to subsection 1 conducts a statistical analysis, the third party must, not later than December 31 of the year in which the statistical analysis is conducted, report the results of the analysis to the Governor, the Department, the Chair of the Senate Standing Committee on Judiciary and the Chair of the Assembly Standing Committee on Judiciary.
Upon providing advice or technical assistance to a law enforcement agency pursuant to subsection 2, the Department shall, within a reasonable period, present to the Peace Officers’ Standards and Training Commission a summary of the advice or technical assistance given.
Upon providing advice or technical assistance to a law enforcement agency pursuant to subsection 2, the Department shall, within a reasonable period, present to the Peace Officers’ Standards and Training Commission a summary of the advice or public, feature live testimony by presenters and be held ino the accordance with chapter 241 of NRS.
The presentation must be open to the public, feature live testimony by presenters and be held in accordance with chapter 241 of NRS.
Record information reported to the Department pursuant to subsection 4 of section 17 of this act, other than any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is confidential pursuant to subsection 5 of section 17 of this act, in a central repository created by the Department to track data electronically concerning traffic stops on a statewide basis;
Record information reported to the Department pursuant to subsection 4 of section 17 and subsection 4 of section 17.5 of this act, other than any identifying information of a law enforcement officer who performed a traffic stop or a person who was stopped that is confidential pursuant to subsection 5 of section or subsection 5 of section 17.5 of this act, in a central repository created by the Department to track data electronically concerning traffic stops on a statewide basis;
Make such recorded data available to the public for the purpose of allowing the inspection of statistical information concerning traffic stops, including, without limitation, the race and ethnicity of the driver with regard to all traffic stops made on all public roads other than those classified as local or minor rural roads.
Make such recorded data available to the public for the purpose of allowing the inspection of statistical information concerning traffic stops, including, without limitation, the race and ethnicity of the driver with regard to all traffic stops made on - 81st Session (2021) – 11 – all public roads other than those classified as local or minor rural roads.
The Department may adopt any regulations necessary to carry out the provisions of sections 7 to 21, inclusive, of this act.
The Department may adopt any regulations necessary to carry out the provisions of sections 7 to 21, inclusive, of Sec.
- *SB236_R1* – 10 – Sec.
(2) Having community service officers who are not armed respond to non-emergency calls and whether that would require the creation of a new department;
respond to non-emergency calls and whether that would require the creation of a new department;
(d) A determination of the feasibility of establishing a pilot program relating to crisis response call centers.
- 81st Session (2021) – 12 – (d) A determination of the feasibility of establishing a pilot program relating to crisis response call centers.
- *SB236_R1* – 11 – Sec.
Sec.
The provisions of 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.
The provisions of subsection 1 of NRS 218D.380 do requirement to submit a report to the Legislature.or revises a Sec.
Sec.
This section and sections 17, 21 and 22 of this act become effective upon passage and approval.
This section and sections 17, 17.5, 21 and 22 of this act become effective upon passage and approval.
Sections 6 to 16, inclusive, and 18 of this act become effective:
Sections 6 to 16, inclusive, 18 and 19 of this act become effective:
(a) Upon passage and approval for the purpose of adopting tasks necessary to carry out the provisions of sections 7 to 19, inclusive, of this act;
(a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of sections 7 to 19, inclusive, of this act;
H - *SB236_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 329.

  2. Enrolled and delivered to Governor.

  3. In Senate. To enrollment.

  4. Read third time. Passed. Title approved. (Yeas: 26, Nays: 16.) To Senate.

  5. From committee: Do pass. Declared an emergency measure under the Constitution. Taken from General File. Placed on General File for next legislative day.

  6. From printer. To re-engrossment. Re-engrossed. Second reprint. To Assembly. In Assembly. Read first time. Referred to Committee on Judiciary. To committee.

  7. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 724.) Reprinting dispensed with. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 12, Nays: 9.) To printer.

  8. From printer. To engrossment. Engrossed. First reprint. To committee. Exemption effective.

  9. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 191.) Taken from General File. Re-referred to Committee on Finance. To printer.

  10. Notice of eligibility for exemption.

  11. From printer. To committee.

  12. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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1 sponsors · 1 co-sponsors · 65 not signed on

Sponsors (1)

Co-sponsors (1)

Not signed on (65)

65 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 civil-rights veterans
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Frequently asked questions

Who sponsors SB 236?
SB 236 is sponsored by Pat Spearman and Harris, Dallas.
What is the current status of SB 236?
This bill has been enacted into law. Introduced March 15, 2021. Enacted.
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