AB 243 — Revises provisions relating to the administration of justice. (BDR 14-785)

A vacancy must be filled in the same manner as the original appointment.

4.

The Task Force shall, at its first meeting and annually thereafter, elect a Chair from among its members.

The(Deleted Taskby Forceamendment.) shallSec. meet at least twice each year and may meet at other times upon the call of the Chair or a majority of the Task Force.

A(Deleted majorityby ofamendment.) theSec. members of the Task Force constitutes a quorum, and a quorum may exercise all of the power and authority conferred on the Task Force.

A member of the Task Force shall serve without compensation.

8.

A member of the Task Force who is an officer or employee of this State or a political subdivision of this State must be relieved from his or her duties without loss of regular compensation so that the member may prepare for and attend meetings of the Task Force and perform any work necessary to carry out the duties of the Task Force in the most timely manner practicable.

A state agency or political subdivision of this State shall not require an officer or employee who is a member of the Task Force to make up the time the officer or employee is absent from work to carry out duties as a member of the Task Force or use annual vacation or compensatory time for the absence.

Sec.

5.

The Task Force shall:

1.

Examine guidelines and reports by the United States Department of Justice and other similar governmental agencies relating to civilian oversight of law enforcement to determine the best policing and police accountability practices for this State;

2.

Formulate statewide guidelines on police accountability to ensure a civilian review board oversees every law enforcement agency in this State;

3.

Explore the feasibility of creating a unit under the jurisdiction of the Attorney General to investigate police misconduct in this State;

4.

Create guidelines for civilian review boards, including, without limitation, requirements that the members of a civilian review board reflect the diversity of the local community and that civilian review boards are able to obtain all information needed to pass independent judgment on police misconduct in a timely manner;

5.

Propose minimum standards for the collection of data relating to police operations by law enforcement agencies in this State and make aggregate data of such information available to the public;

- *AB243* – 4 – 6.

Review the recruitment practices of law enforcement agencies to propose practices designed to increase the recruitment of persons with a college education and demonstrated commitment to fair-minded policing;

7.

Update training standards for law enforcement to create consistent standards and practices across jurisdictions in this State with an emphasis on bias reduction and de-escalation techniques;

8.

Identify specific responsibilities currently assigned to law enforcement agencies in this State that other governmental agencies in this State could effectively perform and evaluate the corresponding impact on related budgets;

9.

Explore trust-building initiatives that seek to improve community relations with law enforcement and conduct periodic surveys to determine the public opinion on law enforcement in this State;

10.

Make recommendations to the Commission to improve policing practices in this State;

and 11.

On or before December 1 of each even-numbered year, submit to the Director of the Legislative Counsel Bureau for transmittal to the Legislature a report describing the findings and recommendations of the Task Force.

Sec.

6.

NRS 176.0121 is hereby amended to read as follows:

176.0121 [As used in NRS 176.0121 to 176.0129, inclusive,] “Commission” means the Advisory Commission on the Administration of Justice.

Sec.

7.

If a person is convicted as an adult for an offense that the person committed when he or she was less than [18] 21 years of age, in addition to any other factor that the court is required to consider before imposing a sentence upon such a person, the court shall consider the differences between [juvenile] youthfula person who is less than 21 years of age and mature[adult adultoffenders,] offenders,a person who is 21 years of age or older, including, without limitation, the diminished culpability of [juveniles] youthfula adultsperson who is less than 21 years of age as compared to that of mature[adults] adultsa person who is 21 years of age or older and the typical characteristics of youth.

EachA prosecutorial office in this State shallmay establish a system of race-blind charging.

The system mustmay include, without limitation, the following requirementsattributes and procedures:

-the *AB243*name –and 5recommended –charge (a)of Thethe racearresting ofofficer afromnd personthe mustdocuments bereviewed concealedby from the prosecutor who is assigned the duty to consider whether to file or not file any criminal charge against the person while the prosecutor is making the initial decision whether to file or not file any criminal charge against the person.

(c) After the initial decision is made and recorded in the case file, the raceidentifying information of the person mayand bethe disclosedname toand therecommended prosecutorcharge andof the prosecutorarresting officer may reviewbe anydisclosed evidenceto thatthe wasprosecutor previouslyand concealedthe andprosecutor may determine whether to change the initial decision.

- *AB243_R1* – 3 – (d) If the final decision to file or not file any criminal charge against the person is different from the initial decision, the prosecutor shall record in the case file an explanation of the reasons for changing the decision.

(e) Use of computer software compatible with computer programs that redact identifying information.

A prosecutorial office in this State may collaborate with a law enforcement agency to:

(a) Redesign forms, to the extent possible, used in police reports, witness statements or other documents to isolate identifying information in an easily redactable section of the form;

and (b) Train peace officers, to the extent possible, to avoid the use of identifying information in narrative reports.

3.

(a) “Prosecutor”“Identifying information” means:

(1) Race;

(2) Name;

(3) Language spoken;

(4) Physical description;

and (5) Street address where the arrest or violation occurred and street address of the residence of the person.

(b) “Law enforcement agency” means:

(1) The sheriff’s office of a county;

(2) A metropolitan police department;

or (3) A police department of an incorporated city.

(c) “Prosecutor” means:

(b)(d) “Prosecutorial office” means the office of:

Each district attorney in this State shall establish a system of race-blind charging to be used when determining whether to file or not file a petition alleging that a child is delinquent.

The system must include, without limitation, the following requirements and procedures:

TheA racedistrict ofattorney thein childthis mustState bemay concealedestablish froma thesystem attorneyof whorace-blind ischarging assignedto thebe dutyused towhen considerdetermining whether to file or not file thea petition whilealleging thethat attorneya child is makingdelinquent. the initial decision whether to file or not file the petition.

The system may include, without limitation, the following attributes and procedures:

(a) Redaction of the identifying information of the child and the name and recommended charge of the peace officer or probation officer who took the child into custody from the - *AB243_R1* – 4 – documents reviewed by the attorney who is assigned the duty to consider whether to file or not file the petition while the attorney is making the initial decision whether to file or not file the petition.

(b) Upon making the initial decision whether to file or not file the petition, the attorney shall record that initial decision in the case file.

(c) After the initial decision is made and recorded in the case file, the identifying information of the child and the name and recommended charge of the arresting officer may be disclosed to the attorney and the attorney may determine whether to change the initial decision.

(d) If the final decision to file or not file the petition is different from the initial decision, the attorney shall record in the case file an explanation of the reasons for changing the decision.

(e) Use of computer software compatible with computer programs that redact identifying information.

UponA makingdistrict theattorney initialin decisionthis whetherState tomay filecollaborate orwith nota filelaw theenforcement petition,agency theto: attorney shall record that initial decision in the case file.

(a) Redesign forms, to the extent possible, used in police reports, witness statements or other documents to isolate identifying information in an easily redactable section of the form;

and (b) Train peace officers, to the extent possible, to avoid the use of identifying information in narrative reports.

AfterAs theused initial decision is made and recorded in thethis casesection: file, the race of the child may be disclosed to the attorney and the attorney may review any evidence that was previously concealed and determine whether to change the initial decision.

-(a) *AB243*“Identifying –information” 6means: – 4.

If(1) theRace; final decision to file or not file the petition is different from the initial decision, the attorney shall record in the case an explanation of the reasons for changing the decision.

(2) Name;

(3) Language spoken;

(4) Physical description;

and (5) Street address where the violation occurred or where the child was taken into custody and street address of the residence of the child.

(b) “Law enforcement agency” means:

(1) The sheriff’s office of a county;

(2) A metropolitan police department;

or (3) A police department of an incorporated city.

The(Deleted provisionsby ofamendment.) subsectionSec. 1 of NRS 218D.380 do not apply to any provisions of this act which add or revise a requirement to submit a report to the Legislature.

Sec.

The(Deleted provisionsby ofamendment.) NRSSec. 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.

Sec.

October1. 1, 2021;

andrBefore October 1, 2021, if the person is convicted on or after 2.October 1, 2021;

and - *AB243_R1* – 5 – 2.

1.(Deleted by amendment.) H - *AB243_R1*

This section becomes effective upon passage and approval.

2.

Sections 8 and 9 of this act become effective:

(a) Upon passage and approval for the purpose of adopting any policies or procedures and performing any preparatory administrative tasks that are necessary to carry out the provisions of this act;

and (b) On October 1, 2021, for all other purposes.

3.

Sections 1 to 7, inclusive, and 10, 11 and 12 of this act become effective on October 1, 2021.

H - *AB243*