Struck = removed from the bill ·
added = the amendment's new text.
AssemblySession Bill(81st) A AB157 85 Amendment No.
157–Assemblymen85 Monroe-Moreno,Assembly BrittneyAmendment Miller,to C.H.Assembly Bill No.
Miller;157 (BDR 3-227) Proposed by:
Anderson,Assembly Bilbray-Axelrod,Committee Brown-on May,Judiciary Cohen,Amends: Considine, Duran, Flores, González, Gorelow, Marzola, Orentlicher, Peters, Roberts, Summers-Armstrong, Thomas, Torres, Watts and Yeager Joint Sponsors:
SenatorsSummary: D.
HarrisNo andTitle: Brooks CHAPTER..........
No Preamble:
No Joint Sponsorship:
No Digest:
Yes 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.
DAN/BAW - Date:
4/5/2021 A.B.
No.
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) Page 1 of 5 *A_AB157_85* Assembly Amendment No.
85 to Assembly Bill No.
157 Page 3 A SSEMBLY B ILLN O.
157–ASSEMBLYMEN M ONROE -MORENO , BRITTNEYM ILLER, C.H.
M ILLE;
A NDERSON, BILBRAY-A XELROD, BROWN -M AY, COHEN , CONSIDINE, D URAN , F LORES, G ONZÁLEZ, G ORELOW , M ARZOLA , ORENTLICHER , PETERS, R OBERTS, SUMMERS -A RMSTRONG , THOMAS , TORRES, WATTS ANDY EAGER FEBRUARY 18, 2021 _______________ OINT SPONSORS:
ENATORS D.
HARRIS ANDB ROOKS _______________ 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 committeddisability, thesexual crimeorientation isor subjectgender toidentity anor additionalexpression: penalty;
(1) the person who committed the crime is subject to an additional penalty;
(NRS 41.690, 193.1675, 207.185) Existing law also provides that a public agency may bring a civil action to recover the knowingly:
(1) makes a false report to a public agency that a felony ornor who misdemeanor has been committed or that an emergency exists;
(NRS 41.508) This bill authorizes a person to bring a civil action for damages if another person, without reasonable cause and because of the actual or perceived race, color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of the person, knowingly causes a peace officer to respond to a location with the intent to:
(3) cause the person to be removed from a location whereAssembly heAmendment orNo. she is lawfully located;
or85 (4)to damageAssembly theBill reputationNo. or economic interests of the person.
EXPLANATION157 –Page Matter4 inperson.e boldedor italicsshe is new;lawfully located;
matteror between(4) bracketsdamage [omittedthe material]reputation isor materialeconomic interests of the 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 bereport omitted.innocuous behavior by another person as suspicious or to falsely report that the other person has committed a crime;
and W HEREASHEREAS, ,These Thereunjust haveincidents beencause numerousserious incidentsharm acrossto the countryperson inwho whichis athe personvictim has,of apparentlythis becausetype of hisdiscrimination orand herwaste prejudice concerning the actualfinite ortime perceivedand race,resources color, religion, national origin, physical or mental disability, sexual orientation or gender identity or expression of another person, contacted a law enforcement agencyagencies; 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 HEREASHEREAS, ,Such Thesemisuse unjustof incidentslaw causeenforcement seriousagencies harm to thediscriminate personagainst whomembers isof theour victimcommunities ofcreates thisdistrust type of discriminationpeace andofficers, wastelaw theenforcement finiteagencies time and resourcesthe ofcriminal lawjustice enforcementsystem; agencies;
and W HEREASHEREAS, ,The Suchcreation misuse of lawa enforcementspecific, agenciestargeted toremedy discriminatefor againstpersons memberswho ofare ourvictimized communitiesby createsthis distrusttype of discrimination will assist in rebuilding trust in peace officers, law enforcement agencies and the criminal justice system;
and W HEREASHEREAS, ,It Theis creationnot the intent of athis specific,act targetedor remedythe forLegislature to discourage sincere persons who are victimizednot motivated by thisprejudice typefrom ofcontacting discriminationlaw willenforcement assistagencies thewhen criminalcrimes justicehave system;actually been committed, emergencies actually exist or behavior is actually suspicious and requires a response by a peace officer;
andicers, law enforcement agencies and W HEREASHEREAS, , It is not the intent of this act orand the Legislature to discourageprovide sincereto persons who are notvictimized motivated by prejudicethis fromtype contactingof lawdiscrimination enforcementa agenciesspecific, wheneffective, crimestargeted, havestatutory actuallyremedy beento committed,receive, emergenciesat actuallya existminimum, ormonetary behaviorcompensation isfor actuallythe suspiciousinjuries andthat requiresthey ahave responsesuffered; by a peace officer;
and W HEREAS , It is the intent of this act and the Legislature to provide to persons who are victimized by this type of discrimination a specific, effective, targeted, statutory remedy to receive, at a minimum, monetary compensation for the injuries that they have suffered;
- 81st Session (2021) – 3 – (a) The greater of:
or (2) Statutory damages of $1,000 for each act that gives rise to (b)liability Anypursuant punitiveto damagesthis thatsection; the facts may warrant;
(b) Any punitive damages that the facts may warrant;
3.Assembly Amendment No.
85 to Assembly Bill No.
157 Page 5 3.
~~~~~ 21 - 81st Session (2021)