AB 157 — Authorizes a person who is the victim of certain discriminatory conduct relating to an incident involving a peace officer to bring a civil action under certain circumstances. (BDR 3-227)

(ReprintedAssembly withBill amendmentsNo. adopted on April 12, 2021) FIRST REPRINT A.B.

157157–Assemblymen AMonroe-Moreno, SSEMBLYBrittney BMiller, ILLC.H. NO .

157–AMiller; SSEMBLYMEN M ONROE -M ORENO, BRITTNEY M ILLE, C.H.

MAnderson, ILLER;Bilbray-Axelrod, Brown- May, Cohen, Considine, Duran, Flores, González, Gorelow, Marzola, Orentlicher, Peters, Roberts, Summers-Armstrong, Thomas, Torres, Watts and Yeager Joint Sponsors:

ANDERSONSenators ,D. BILBRAY- AXELROD , B ROWN -M AY, C OHEN, C ONSIDINE, D URAN, FLORES , ONZÁLEZ , GORELOW , MARZOLA , ORENTLICHER, PETERS, ROBERTS , SUMMERS -A RMSTRONG , THOMAS , TORRES ,W ATTS AND YEAGER F EBRUARY 18, 2021 ____________ JOINTS PONSORS:

SENATORSHarris D.and Brooks CHAPTER..........

HARRIS AND BROOKS ____________ Referred to Committee on Judiciary SUMMARY—Authorizes a person who is the victim of certain discriminatory conduct relating to an incident involving a peace officer to bring a civil action under certain circumstances.

(BDR 3-227) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Existing law provides that if a person commits certain crimes because of a victim’s actual or perceived race, color, religion, national origin, physical or mental disability,committed sexualthe orientationcrime oris gendersubject identityto oran expression:additional penalty;

(1)(2) theunless persona whogreater penalty is provided by law, the person who committed the crime is guilty of a grossergross penalty misdemeanor;

(NRS 41.690, 193.1675, 207.185) Existing law also provides that a public agency may bring a civil action to recover the expense of an emergency response by the public agency against any person who knowingly:

(1) makes a false report to a public agency that a felony ororn falsewho appearance that a felony or misdemeanor has been committed or that anthe - *AB157_R1* – 2 – emergency exists, and that false appearance causes a false report to be made to a public agency that a felony or misdemeanor has been committed or that an emergency exists.exists;

or (2) creates the false appearance that a felony or misdemeanor has been committed or that an emergency exists, and that false appearance causes a false report to be made to a public agency that a felony or misdemeanor has been committed or that an emergency exists.

(3) cause the damageperson theto reputationbe orremoved economicfrom interestsa oflocation thewhere person.wfullyhe or she is lawfully located;

or (4) Wdamage HEREAS , There have been numerous incidents across the countryreputation in which a person has, apparently because of his or hereconomic prejudiceinterests concerning the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person, contacted a law enforcement agency to report innocuous behavior by another person as suspicious or to falsely report that the otherperson. person has committed a crime;

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

W HEREAS , There have been numerous incidents across the country in which a person has, apparently because of his or her prejudice concerning the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person, contacted a law enforcement agency to report innocuous behavior by another person - 81st Session (2021) – 2 – as suspicious or to falsely report that the other person has committed a crime;

and W HEREAS , The creation of a specific, targeted remedy for persons who are victimized by this type of discrimination will assist in rebuilding trust in peace officers, law enforcement agencies and the criminal justice system;

andicers, law enforcement agencies and W HEREAS , It is not the intent of this act or the Legislature to discourage sincere persons who are not motivated by prejudice from contacting law enforcement agencies when crimes have actually been committed, emergencies actually exist or behavior is actually suspicious and requires a response by a peace officer;

now therefore, - *AB157_R1* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

4 Section 1.

- 81st Session (2021) – 3 – (a) The greater of:

or (2) Statutory damages of $1,000 for each act that gives rise to liability(b) pursuantAny topunitive thisdamages section;that the facts may warrant;

(b) Any punitive damages that the facts may warrant;

A civil action may be brought against a person pursuant to this section regardless of whether the person has been convicted of any crime based upon the same facts and circumstances giving ris4.toTherise remedyto underliability thispursuant sectionto is not exclusive and does not abrogate any other remedy available under the laws of this State.section.

4.

The remedy under this section is not exclusive and does not abrogate any other remedy available under the laws of this State.

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