Amendment vs bill Amendment 191 vs Enrolled

Struck = removed from the bill · added = the amendment's new text.

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Senate Bill No.
Session (81st) A SB236 191 Amendment No.
236–Senators D.
191 Senate Amendment to Senate Bill No.
Harris;
236 (BDR 23-217) Proposed by:
and Spearman CHAPTER..........
Senate Committee on Judiciary Amends:
Summary:
No 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 S.B.
236 (§§ 1, 17).
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.
MNM/BAW - Date:
4/15/2021 S.B.
No.
236—Makes various changes relating to public safety.
(BDR 23-217) Page 1 of 12 *A_SB236_191* Senate Amendment No.
191 to Senate Bill No.
236 Page 3 S ENATE B ILLN O.
236–SENATOR D.
HARRIS M ARCH 15,2021 _______________ Referred to Committee on Judiciary SUMMARY—Makes various changes relating to public safety.
(BDR 23-217) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
CONTAINS UNFUNDED MANDATE (§§ 1,17) (NOT REQUESTED BY A FFECTED LOCAL GOVERNMENT ) ~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
establishing provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers;
authorizing the Peace Officers’ Standards and Training Commission to adopt regulations relating to such early warning systems;
[revising the qualifications for certification as a peace officer by the Commission;
imposing liability on peace officers who subject another person or cause another person to be subjected to the deprivation of certain constitutional rights;] establishing provisions relating to the recording, collection and review of information concerning traffic stops [and other stops] made by law enforcement officers;
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.
Legislative Counsel’s Digest:
Existing 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.
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.
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.
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.
If a peace officer is repeatedly identified by the early warning system as Senate Amendment No.
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(Chapter 484B of NRS) Sections 7-21 of this bill establish provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers.
191 to Senate Bill No.
236 Page 4 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 assignments or subjecting the peace officer to any discipline.
Section 1 also authorizes POST to adopt any regulations necessary to carry out the provisions relating to such early warning systems.
[ Existing law generally requires a person upon whom some or all of the powers of a peace that before such a person may be certified, the person is required to have:
(1) at a minimum, received an associate’s degree;
or (2) completed at least 2 years of military service.
Section 2 also specifies that a person does not need to satisfy such a requirement before he or she participates in any training required as a condition of certification as a peace officer.
Existing law establishes provisions relating to the liability of and actions against this State, its agencies and its political subdivisions.
(NRS 41.0305-41.0309) Section 3 of this bill imposes liability on any peace officer who subjects another person or causes another person to be subjected to the deprivation of any individual constitutional rights that create binding obligations on government actors.
Section 3 also provides that in an action brought as a result of a deprivation of such constitutional rights, qualified immunity can only be used as a defense in certain circumstances.
Section 3 additionally requires the employer of a peace officer to indemnify the peace officer for any liability incurred by, and any judgment or settlement entered against, the peace officer unless the actions of the peace officer were maliExisting law establishes provisions relating to the rules of the roads in this State .
[, including rules pertaining to pedestrians.] (Chapter 484B of NRS) Sections 7-21 of this bill establish provisions relating to the recording, collection and review of information concerning traffic stops [and other stops] made by law enforcement officers.
(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) a standardized method to be used by law enforcement officers to record certain information concerning [any such stop,] traffic stops, including certain demographic information of the person who was stopped;
and (2) training and procedures to facilitate the collection of such information.
(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;
(1) law enforcement officers that make a traffic [or other] stop to record such information beginning on January 1, 2022;
and (2) law enforcement agencies that retain such information to report such information for the previous calendar year to the Department February 1, 2026.
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.
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.
Section 17 additionally requires that any such information be used by the Department for statistical law enforcement officer who performed a traffic stop [or other stop] or a person who wasof a stopped [.
Section 17.5 of this bill requires the Department, not later than January 1, 2024, to:
Section 17 provides that any information that could reveal the identity of such a law enforcement officer or person] that is collected or held by the Department is [exempt from public disclosure.] confidential.
(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;
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 law enforcement agencies concerning traffic stops [and other stops] and conduct a statistical analysis of the data to identify patterns or practices of profiling.
(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 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.
Section 19 of this bill to any law enforcement agency mentioned in the report and, if such advice or technicalassistance assistance is provided, requires the Department to present to POST a summary of the advice or technical assistance given.
Section 20 of this bill requires the Department to:
Section 20 of this bill requires the Department to :
(1) record information collected from law enforcement agencies concerning traffic stops that is not confidential in a central repository created by the Department to track data electronically concerning traffic stops on a statewide basis;
(1) record information collected from law enforcement agencies concerning traffic stops [and other stops] that is not confidential in a central repository created by the Department to track data electronically concerning [such] traffic stops on a statewide basis [.] ;
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.
However, section 25 of this bill provides that, unless the Department is able to [create such a central repository and record] perform such [information] duties using existing resources, such [a requirement] requirements only [becomes] become effective on the date on which Senate Amendment No.
Section 21 of this bill authorizes the Department to adopt any regulations necessary to carry out the provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers.
191 to Senate Bill No.
236 Page 5 federal funding is obtained for the recording, collection and review of information concerning traSection 21 of this bill authorizes the Department to adopt any regulations necessary to carry out the provisions relating to the recording, collection and review of information concerning traffic stops [and other stops] made by law enforcement officers.
(1) an examination of certain proposals relating to responses to non-violent and non- 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 - 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;
(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;
and (4) ading responses determination of the feasibility of establishing a pilot program relating to crisis response call centers.
(3) the consideration of alternative models regarding responses to crises that do not require armed law enforcement officers;
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;
and (4) a centers.
matter between brackets [omitted material] is material to be omitted.
Section 22 requires the interim committee to submit a report of its findings and anycall recommendations for legislation to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature.
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.
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, including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline.
Secs.
4.
2-4.
The Peace Officers’ Standards and Training Commission may adopt any regulations necessary to carry out the provisions of this section.
(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.
Senate Amendment No.
191 to Senate Bill No.
236 Page 6 Sec.
2.
[NRS 289.550 is hereby amended to read as follows:
289.550 1.
Except as otherwise provided in subsection [2] 3 and NRS 3.310, 4.353, 258.007 and 258.060, a person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must be certified by the Commission within 1 year after the date on which the person commences employment as a peace officer unless the Commission, for good cause shown, grants in writing an extension of time, which must not exceed 6 months, by which the person must become certified.
A person who fails to become certified within the required time shall not exercise any of the powers of a peace officer after the time for becoming certified has expired.
2.
Before a person may be certified by the Commission pursuant to this section, the person must have, at a minimum, received an associate’s degree, or completed not less than 2 years of military service.
A person does not need to satisfy such a requirement before he or she participates in any training required as a condition of certification as a peace officer.
3.
The following persons are not required to be certified by the Commission:
(a) The Chief Parole and Probation Officer;
(b) The Director of the Department of Corrections;
(c) The Director of the Department of Public Safety, the deputy directors of the Department and the chiefs of the divisions of the Department other than the Investigation Division and the Nevada Highway Patrol;
(d) The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance;
(e) Railroad police officers;
and (f) California correctional officers.] (Deleted by amendment.) Sec.
3.
[Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1.
Any peace officer who subjects another person or causes another person to be subjected to the deprivation of any individual constitutional rights that create binding obligations on government actors is liable to the injured party for legal, equitable or other relief.
2.
Notwithstanding any other provision of law, if an action brought pursuant to this section seeks:
(a) Only equitable relief, qualified immunity is not a defense to liability pursuant to this section.
(b) Monetary damages, qualified immunity is a defense only if, at the time of the conduct of the peace officer, the peace officer had a good faith belief that his or her conduct did not violate the law.
3.
Notwithstanding any other provision of law and except as otherwise provided in this subsection, the employer of a peace officer shall indemnify the peace officer for any liability incurred by the peace officer and for any judgment or settlement entered against the peace officer for claims arising pursuant to this section.
If any act of the peace officer that resulted in such liability, judgment or settlement was malicious, wanton or willful:
(a) The employer of the peace officer shall not indemnify the peace officer;
and (b) The peace officer:
(1) Is personally liable for the costs associated with an action brought pursuant to this section;
and (2) Shall reimburse his or her employer for any costs associated with an action brought pursuant to this section that the employer has already paid.
4.
If an employer of a peace officer is required to indemnify the peace officer pursuant to subsection 3, the peace officer must not be required to pay any Senate Amendment No.
191 to Senate Bill No.
236 Page 7 costs associated with the liability, judgment or settlement first and then subsequently be reimbursed by the employer.] (Deleted by amendment.) Sec.
4.
[NRS 41.0305 is hereby amended to read as follows:
41.0305 As used in NRS 41.0305 to 41.039, inclusive, and section 3 of this act, the term “political subdivision” includes an organization that was officially designated as a community action agency pursuant to 42 U.S.C.
§ 2790 before that section was repealed and is included in the definition of an “eligible entity” pursuant to 42 U.S.C.
§ 9902, the Nevada Rural Housing Authority, an airport authority created by special act of the Legislature, a regional transportation commission and a fire protection district, an irrigation district, a school district, the governing body of a charter school, any other special district that performs a governmental function, even though it does not exercise general governmental powers, and the governing body of a university school for profoundly gifted pupils.] (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, 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, Senate Amendment No.
191 to Senate Bill No.
236 Page 8 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, 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 to provide a copy of a public record in an electronic format or by means of an electronic medium if:
If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium.
(a) The public record:
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:
Senate Amendment No.
191 to Senate Bill No.
236 Page 9 (a) The public record:
(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.
(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 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 or herself.who has requested the copy to prepare the copy himself Sec.
(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.
Sec.
“Gender identity or expression” means a gender- related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
“Gender identity or expression” means a gender-related identity, appearance, expression or behavior of a person, regardless of the person’s assigned sex at birth.
“Law enforcement officer” means any person upon whom some or all of the powers of a peace officer are conferred purSec.
“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.
13.
(Deleted by amendment.) inclusive.
13.
[“Other stop” means any occasion when a person, including, without limitation, a pedestrian, is halted by a law enforcement officer for an alleged violation of law, or any other purpose.
The term does not include a traffic stop.] (Deleted by amendment.) Sec.
- 81st Session (2021) – 8 – Sec.
16.
“Traffic stop” means any occasion when the driver of a motor vehicle is halted by a law enforcement officer for an alleged traffic violation or infraction.
16.
“Traffic stop” means any occasion when the driver of a motor vehicle is halted by a law enforcement officer for an alleged traffic violation or infraction .
[, or any other purpose.] Senate Amendment No.
191 to Senate Bill No.
236 Page 10 Sec.
Not later than January 1, 2022, the Department law enforcement officers to record information concerning traffic stops in an electronic traffic citation system.
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 .
The standardized method must require the electronic traffic citation system to provide for the following information to be recorded for each stop:
[and other stops.] 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:
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.
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 [and other stops] pursuant to subsection 1.
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.
Beginning on January 1, 2022, each law enforcement officer that makes a traffic stop [or other 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.
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.
Each law enforcement agency that engages in traffic stops [or other 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.
- 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.
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.
[The information must not contain any identifying information relating to a law enforcement officer who performed a traffic stop or other stop or a person who was stopped.] Any identifying information [collected by law enforcement agencies or held by the Department pursuant to this section that could reveal the identity] of [any] a law enforcement officer who performed a traffic stop [or other stop] or [any] a person who was stopped that is collected or held by the Department is confidential.
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.
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 [and other stops,] reported by law enforcement agencies pursuant to section 17 of this act , and conduct a statistical analysis of the data for the purpose of identifying patterns or practices of profiling.
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.
2.
3.
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.
Senate Amendment No.
191 to Senate Bill No.
236 Page 11 3.
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.
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.
The presentation must be open to the public, feature live testimony by presenters and be held in accordance with chapter 241 of NRS.
The Department shall:
The Department shall [record] :
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;
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 [and other 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 - 81st Session (2021) – 11 – 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 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 Sec.
The Department may adopt any regulations necessary to carry out the provisions of sections 7 to 21, inclusive, of this act.
Sec.
respond to non-emergency calls and whether that would require the creation of a new department;
(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;
(b) A determination of which situations are considered to be low-risk and which crimes are considered to be non-violent and how best to provide information to the public as to when a person should call an emergency number, a non-emergency number or another help line.
Senate Amendment No.
191 to Senate Bill No.
236 Page 12 (b) A determination of which situations are considered to be low-risk and which crimes are considered to be non-violent and how best to provide information to the public as to when a person should call an emergency number, a non- emergency number or another help line.
- 81st Session (2021) – 12 – (d) A determination of the feasibility of establishing a pilot program relating to crisis response call centers.
(d) A determination of the feasibility of establishing a pilot program relating to crisis response call centers.
The provisions of subsection 1 of NRS 218D.380 do requirement to submit a report to the Legislature.or revises a 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.
Sec.
This section and sections 17, 17.5, 21 and 22 of this act become effective upon passage and approval.
This section and sections 17, 21 and 22 of this act become effective upon passage and approval.
Sections 6 to 16, inclusive, 18 and 19 of this act become effective:
Sections 6 to 16, inclusive, and 18 of this act become effective:
~~~~~ 21 - 81st Session (2021)