SB 362 — Revises provisions relating to public safety. (BDR 15-289)
Last action — Chapter 435.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed Assembly
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced March 22, 2023. Enacted.
Signed by Governor Joe Lombardo (Republican) on June 13, 2023.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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2 sponsors
2 primary, 0 co-sponsors signed on.
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Single-party support
Sponsorship is currently within one party (2 D).
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Bill Text
What changed in the latest version
401 added · 387 removedPlain-language change summary
Senate Bill 362 has been updated to require law enforcement officers to ensure that medical aid is provided promptly to anyone in custody who expresses difficulty breathing. Additionally, the bill mandates that each law enforcement agency develop written policies governing how officers can handle copyrighted works while on duty. These changes are significant because they aim to enhance the health and safety of individuals in custody while also clarifying the operational guidelines for officers concerning copyright issues.
(ReprintedSenate withBill amendmentsNo. adopted on April 21, 2023) FIRST REPRINT S.B.
362362–Senators SNeal ENATEand BFlores ILLNCHAPTER.......... O.
362–SENATORS N EAL AND FLORES M ARCH 22, 2023 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to public safety.
(BDR 15-289) FISCAL NOTE:
Effect on Local Government:
No.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
making an appropriation;
LegislativeLegiExisting Counsel’slaw Digest:prohibits a peace officer from placing a person who is in the custody of the peace officer in any position which compresses his or her airway or restricts his or her ability to breathe.
Existing law prohibits a peace officer from placing a person who is in the restricts his or her ability to breathe.
(NRS 193.305) Section 1 of this bill requires a peace officer to ensure that medical aid is rendered to a person who indicates that he or she cannot breathe by as soon as practicable.tendant, physician, physician assistant or registered nurse Section 2 of this bill requires each law enforcement agency to adopt written policies and procedures governing the performance of copyrighted works by peace officers employed by the law enforcement agency while on duty, including policies prohibiting a peace officer from performing, or causing the performance of, a copyrighted work for the purpose of preventing or interfering with the dissemination or sharing of a recording of the peace officer performing his or her official duties, with certain exceptions.
Section 2 prohibits retaliation or punitive - *SB362_R1* – 2 – action against a peace officer who discloses information concerning the performance of a copyrighted work in violation of such policies and procedures.
Existing law authorizes the Department of Motor Vehicles to adopt regulations establishing a program for the imprinting of a symbol or other indicator of a 483.863) Sections 4 and 6 of this bill authorize the Department to adopt.3485, regulations establishing a program for the imprinting of a symbol, and not any other indicator, of a medical condition on a driver’s license andor identification card,card. respectively.
If(NRS 483.3485, 483.863) Sections 4 and 6 of this bill authorize the Department establishesto suchadopt regulations establishing a program,program sectionsfor 4the imprinting of a symbol, and 6not any other indicator, of a medical condition on a driver’s license and identification card, additionally require:
(2) the regulations adopted by the Department to provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her driver’s license or identification card if the person is on anticoagulants or has certain specified medical conditions;
and (4) the Department to maintain certain information about the program onand its6 Internetalso: website.
Sections(1) 3authorize andthe 5regulations ofadopted thisby billthe makeDepartment conformingto changesprovide inthat - 82nd Session (2023) – 2 – a person is eligible to have the symbol indicating a medical condition imprinted on his or her driver’s license or identification card forto consistencyindicate withother themedical revisionsconditions madeDepartment to theprovide programa pursuantmeans for members of the public to sectionssuggest 4additional andthe 6.medical conditions.
SectionSections 73 and 5 of this bill requiresmake theconforming Departmentchanges toin includeexisting certainprovisions informationrelating regardingto the programissuance onor therenewal notificationsof a driver’s license or identification card for renewalconsistency ofwith registrationthe issuedrevisions bymade to the Departmentprogram forpursuant ato 12-monthsections period.4 and 6.
regarding the program on the notifications for renewal of registration issued by the Department for a 12-month period.
Section 6.5 of this bill makes an appropriation to the Department for programming costs and necessary system enhancements associated with carrying out the provisions of sections 4, 6 and 7.
EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
- *SB362_R1* – 3 – [(a)] (1) A method by which a person applies sufficient pressure to another person to make breathing difficult or impossible, including, without limitation, any pressure to the neck, throat or windpipe that may prevent or hinder breathing or reduce intake of air;
or - 82nd Session (2023) – 3 – [(b)] (2) Applying pressure to a person’s neck on either side of the windpipe, but not the windpipe itself, to stop the flow of blood to the brain via the carotid arteries.
(b) “Emergency medical attendant” means a person licensed as an attendant or certified as an emergency medical technician, advanced emergency medical technician or paramedic pursuant toton, chapter 450B of NRS.
2.peace Nofficeriawhoy ordiscloses acinformation taconcerningt a the performance of a copyrighted work in violation of the policies and procedures of a law enforcement agency adopted pursuant to subsection 1.
No retaliatory or punitive action may be taken against a peace officer who discloses information concerning the performance of a copyrighted work in violation of the policies and procedures of a law enforcement agency adopted pursuant to subsection 1.
(a) “Copyrighted work” means any work protected under Title 17 of the United States Code.
- *SB362_R1* – 4 – Sec.
3.- 82nd Session (2023) – 4 – identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the Nevada Gaming Control Board while engaged in investigations pursuant to NRS 463.140.
The Department may issue a driver’s license for purposes of identification only for use by officers of local police and sheriffs’ departments, agents of the Investigation Division of the Department of Public Safety while engaged in special undercover investigations relating to narcotics or prostitution or for other undercover investigations requiring the establishment of a fictitious identity, federal agents while engaged in undercover investigations, investigators employed by the Attorney General while engaged in undercover investigations, criminal investigators employed by the Secretary of State while engaged in undercover investigations and agents of the Nevada Gaming Control Board while engaged in investigations pursuant to NRS 463.140.
Such a Department, by regulation, shall provide for the cancellation of any such driver’s license isupon exemptthe fromcompletion of the feesspecial requiredinvestigation byfor NRSwhich 483.410.it was issued.
The Department, by regulation, shall provide for the cancellation of any such driver’s license upon the completion of the special investigation for which it was issued.
(a) Give the holder the opportunity to have indicated on his or her driver’s license that the holder wishes to be a donor of all or part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.the(b) Give the holder the opportunity to have indicated whether he or she wishes to donate $1 or more to the Anatomical Gift Account created by NRS 460.150.
(b)(c) GiveProvide theto each holder thewho opportunityis interested in becoming a donor information relating to haveanatomical indicatedgifts, whetherincluding hethe orprocedure shefor wishesregistering toas donatea $1donor orwith morethe todonor registry with which the AnatomicalDepartment Gifthas Accountentered createdinto bya NRScontract 460.150.pursuant to this paragraph.
(c)To Providecarry toout eachthis holderparagraph, whothe isDepartment interestedshall, inon becomingsuch aterms donoras informationit relatingdeems toappropriate, anatomicalenter gifts,into includinga thecontract procedurewith fora -donor *SB362_R1*registry –that 5- –82nd registeringSession as(2023) a– donor5 with– theis donorin registrycompliance with which the Departmentprovisions hasof enteredNRS into451.500 a contract pursuant to this451.598, paragraph.inclusive.
To(d) carryIf outthe thisDepartment paragraph,has theestablished Departmenta shall,program onfor suchimprinting termsa assymbol it[or deemsother appropriate,indicator enterof] intoindicating a contractmedical withcondition on a donoropportunity registryto thathave isa insymbol compliance[or withother theindicator provisionsof] ofindicating NRSa 451.500medical tocondition 451.598,imprinted inclusive.on his or her driver’s license.
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(d) If the Department has established a program for imprinting a symbol [or other indicator of] indicating a medical condition on a driver’s license pursuant to NRS 483.3485, give the holder the opportunity to have a symbol [or other indicator of] indicating a medical condition imprinted on his or her driver’s license.
[Regulations adopted pursuant to subsection 1 must require the symbol or other indicator of a medical condition which is imprinted on a driver’s license to] If the Department establishes a program pursuant to subsection 1:
- *SB362_R1* – 6 – (III) Blindness and low vision;
(V)- Coronary82nd atherosclerosis;Session (2023) – 6 – (VI) Chronic obstructive pulmonary disease;
(VI) Chronic obstructive pulmonary disease;
The record must be maintained in the same location and manner as all other records relating to the driver’s license of the person, including, without limitation, the records relating to the driver’s license of If the personDepartment thatmaintains aresuch madeinformation availablein tothe lawform enforcementof agencies.as.
If the Department maintains such information in the form of a code, the code used must conform with the International Classification of Diseases, Ninth Revision, Clinical Modification, or the most current revision, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services.
(e) The regulations adopted by the Department may provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her driver’s license to indicate such other medical conditions not listed in paragraph (b) as the Department deems appropriate.
The Department shall provide a conditions for inclusion in the regulations adopted by thecal Department.
2.- 82nd Session (2023) – 7 – motor vehicles.ication cards do not authorize the operation of any 3.
Identification cards do not authorize the operation of any motor vehicles.
3.
(a) Give the holder the opportunity to have indicated on his or her identification card that the holder wishes to be a donor of all or - *SB362_R1* – 7 – part of his or her body pursuant to NRS 451.500 to 451.598, inclusive, or to refuse to make an anatomical gift of his or her body or part thereof.
(c) Provide to each holder who is interested in becoming a donor information relating to anatomical gifts, including the procedure for registering as a donor with the donor registry with which the To carry out this paragraph, the Department hasshall, enteredon such terms as it deems appropriate, enter into a contract pursuantwith a donor registry that is in compliance with the provisions of NRS 451.500 to this451.598, paragraph.inclusive.
To carry out this paragraph, the Department shall, on such terms as it deems appropriate, enter into a contract with a donor registry that is in compliance with the provisions of NRS 451.500 to 451.598, inclusive.
If the holder wishes to make a donation to the Anatomical Gift Account, the Department shall collect the donation and deposit the money collected in the State Treasury for credit to the AnatomicalAna6. Gift Account.
6.
- 82nd Session (2023) – 8 – Sec.
The Department may adopt regulations establishing a program for the imprinting of a symbol [or other indicator of] indicating a medical condition on an identification card issuediss2.d by[Regulations adopted pursuant to subsection 1 must require the Department.symbol or other indicator of a medical condition which is imprinted on an identification card to] If the Department establishes a program pursuant to subsection 1:
2.(a) Except as otherwise provided in this title, the Department shall adopt a single symbol for imprinting on an identification card to indicate a medical condition and shall not adopt individualized symbols for different medical conditions.
[Regulations adopted pursuant to subsection 1 must require the symbol or other indicator of a medical condition which is imprinted on an identification card to] If the Department establishes a program pursuant to subsection 1:
(a) Except as otherwise provided in this title, the Department shall adopt a single symbol for imprinting on an identification - *SB362_R1* – 8 – card to indicate a medical condition and shall not adopt individualized symbols for different medical conditions.
(IX) Sickle cell disease;
If the Department maintains such information in the form of a code, the code used must conform - 82nd Session (2023) – 9 – with the International Classification of Diseases, Ninth Revision, Clinical Modification, or the most current revision, adopted by the National Center for Health Statistics and the Centers for Medicare and Medicaid Services.
(d) The Department shall, at the time of the issuance or renewal of an identification card, give the holder the opportunity to have imprinted on his or her identification card a symbol indicating a medical condition.
(e) The Department shall maintain on the Internet website of the Department information about the program established pursuant to subsection 1, including, without limitation, the manner in which a person may obtain an identification card - *SB362_R1* – 9 – which has been imprinted with a symbol indicating a medical condition.
(f) The regulations adopted by the Department may provide that a person is eligible to have the symbol indicating a medical condition imprinted on his or her identification card to indicate such other medical conditions not listed in paragraph (b) as the Department deems appropriate.
The Department shall provide a means for members of the public to suggest additional medical conditions for inclusion in the regulations adopted by the Department.
6.5.
1.
There is hereby appropriated from the State Highway Fund to the Department of Motor Vehicles the sum of enhancements associated with carrying out the provisions ofsystem sections 4, 6 and 7 of this act.
2.
Any remaining balance of the appropriation made by subsection 1 must not be committed for expenditure after June 30, 2025, by the entity to which the appropriation is made or any entity to which money from the appropriation is granted or otherwise transferred in any manner, and any portion of the appropriated money remaining must not be spent for any purpose after September 19, 2025, by either the entity to which the money was appropriated or the entity to which the money was subsequently granted or transferred, and must be reverted to the State Highway Fund on or before September 19, 2025.
Sec.
If the Department of Motor Vehicles adopts a program for the imprinting of a symbol indicating a medical condition on a driver’s license or identification card issued by the Department - 82nd Session (2023) – 10 – pursuant to NRS 483.3485, as amended by section 4 of this act, or 483.863, as amended by section 6 of this act, respectively, the Department shall, 30 days after the date on which the Department first accepts an application for the imprinting of a symbol indicating a medical condition pursuant to NRS 483.3485, as amended by section 4 of this act, or 483.863, as amended by section 6 of this act, and any regulations adopted pursuant thereto, and for 12 calendar months thereafter, print on each notification for renewal of registration mailed by the Department pursuant to NRS 482.280, and on any electronic notification for renewal of registration issued by the Department:
SectionsSection 16.5 and 2 of this act becomebecomes effective on OctoberJuly 1, 2023.
Sections 31 toand 7,2 inclusive, of this act become effective:effective on October 1, 2023.
4.
Sections 3 to 6, inclusive, and 7 of this act become effective:
H~~~~~ 23 - *SB362_R1*82nd Session (2023)
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View plain text versions (5)
- Enrolled As Enrolled Current pdf
- Reprint 1 View text pdf
- Reprint 2 View text pdf
- Reprint 3 View text pdf
- Introduced As Introduced pdf
Amendments
3 amendmentsClick Show changes on an amendment above to see how it modifies the bill.
Action History
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Chapter 435.
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Approved by the Governor.
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Enrolled and delivered to Governor.
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Assembly Amendment Nos. 661 and 919 concurred in. To enrollment.
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In Senate.
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From printer. To reengrossment. Reengrossed. Third reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 42, Nays: None.) To Senate.
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From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 919.) To printer.
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From printer. To reengrossment. Reengrossed. Second reprint. Taken from General File. Rereferred to Committee on Ways and Means. Exemption effective. To committee.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Notice of eligibility for exemption. Read second time. Amended. (Amend. No. 661.) To printer.
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In Assembly. Read first time. Referred to Committee on Judiciary. To committee.
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From printer. To engrossment. Engrossed. First reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 21, Nays: None.) To Assembly.
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From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 494.) To printer.
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From printer. To committee.
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Read first time. Referred to Committee on Judiciary. To printer.
Sponsors
- Dina Neal · Primary
- Edgar Flores · Primary
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 0 co-sponsors · 65 not signed on
Sponsors (2)
- Neal, Dina Democratic
- Flores, Edgar Democratic
Co-sponsors (0)
None.
Not signed on (65)
65 members have not signed on to this bill.
Show all 65 →"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.
Subjects
Frequently asked questions
- Who sponsors SB 362?
- SB 362 is sponsored by Neal, Dina (Democratic) and Flores, Edgar (Democratic).
- What is the current status of SB 362?
- This bill has been enacted into law. Introduced March 22, 2023. Enacted.
- Where can I track SB 362?
- Track SB 362 free on One Click Politics — get push/email alerts when it moves.
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