Text of NV SB 236 (2021)

S.B. 236 - *SB236* SENATE BILL NO. 236–SENATOR D. HARRIS MARCH 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 AFFECTED LOCAL GOVERNMENT) ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public safety; requiring law enforcement agencies to establish early warning systems to identify peace officers who display bias indicators or other problematic behavior; 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; imposing certain duties on the Department of Public Safety and law enforcement agencies regarding the recording, collection and review of such information; authorizing the Department to adopt regulations relating to the recording, collection and review of such information; requiring the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers; and providing other matters properly relating thereto. – 2 – - *SB236* Legislative Counsel’s Digest: Existing law sets forth provisions governing peace officers and establishes the 1 Peace Officers’ Standards and Training Commission (hereinafter “POST”), which 2 generally provides for the training and education of peace officers. (Chapter 289 of 3 NRS) Section 1 of this bill requires every law enforcement agency to establish an 4 early warning system for the purpose of identifying peace officers employed by the 5 law enforcement agency who display bias indicators or other problematic behavior. 6 Section 1 requires that if a peace officer is identified by the early warning system 7 as displaying bias indicators or other problematic behavior, the law enforcement 8 agency that employs the peace officer is required to increase its supervision of the 9 peace officer and provide additional training and, if appropriate, counseling to the 10 peace officer. If a peace officer is repeatedly identified by the early warning system 11 as displaying bias indicators or other problematic behavior, the law enforcement 12 agency that employs the peace officer is required to consider the consequences that 13 should be imposed, including transferring the peace officer from any high-profile 14 assignments or subjecting the peace officer to any discipline. Section 1 also 15 authorizes POST to adopt any regulations necessary to carry out the provisions 16 relating to such early warning systems. 17 Existing law generally requires a person upon whom some or all of the powers 18 of a peace officer are conferred to be certified by POST. (NRS 289.550) Section 2 19 of this bill provides that before such a person may be certified, the person is 20 required to have: (1) at a minimum, received an associate’s degree; or (2) 21 completed at least 2 years of military service. Section 2 also specifies that a person 22 does not need to satisfy such a requirement before he or she participates in any 23 training required as a condition of certification as a peace officer. 24 Existing law establishes provisions relating to the liability of and actions 25 against this State, its agencies and its political subdivisions. (NRS 41.0305- 26 41.0309) Section 3 of this bill imposes liability on any peace officer who subjects 27 another person or causes another person to be subjected to the deprivation of any 28 individual constitutional rights that create binding obligations on government 29 actors. Section 3 also provides that in an action brought as a result of a deprivation 30 of such constitutional rights, qualified immunity can only be used as a defense in 31 certain circumstances. Section 3 additionally requires the employer of a peace 32 officer to indemnify the peace officer for any liability incurred by, and any 33 judgment or settlement entered against, the peace officer unless the actions of the 34 peace officer were malicious, wanton or willful. 35 Existing law establishes provisions relating to the rules of the roads in this 36 State, including rules pertaining to pedestrians. (Chapter 484B of NRS) Sections 7- 37 21 of this bill establish provisions relating to the recording, collection and review of 38 information concerning traffic stops and other stops made by law enforcement 39 officers. Section 17 of this bill requires the Department of Public Safety to develop 40 and implement, not later than January 1, 2022: (1) a standardized method to be used 41 by law enforcement officers to record certain information concerning any such 42 stop, including certain demographic information of the person who was stopped; 43 and (2) training and procedures to facilitate the collection of such information. 44 Section 17 also requires: (1) law enforcement officers that make a traffic or other 45 stop to record such information beginning on January 1, 2022; and (2) law 46 enforcement agencies that retain such information to report such information for 47 each calendar year to the Department beginning not later than February 1, 2023. 48 Section 17 additionally requires that any such information be used for statistical 49 purposes only and not contain any identifying information relating to a law 50 enforcement officer who performed a traffic stop or other stop or a person who was 51 stopped. Section 17 provides that any information that could reveal the identity of 52 such a law enforcement officer or person is exempt from public disclosure. 53 – 3 – - *SB236* Section 18 of this bill authorizes the Department, to the extent that money is 54 available, to contract with a third party to review all public information reported by 55 law enforcement agencies concerning traffic stops and other stops and conduct a 56 statistical analysis of the data to identify patterns or practices of profiling. Section 57 18 requires the Department to seek any available gifts, grants or donations to assist 58 in enabling the Department to contract with a third party to conduct such a 59 statistical analysis. Section 18 also requires such a third party with whom the 60 Department contracts to submit, during the year in which a statistical analysis is 61 conducted, a report of the results of the analysis to the Governor, the Department 62 and the Chairs of the Senate and Assembly Standing Committees on Judiciary. 63 Section 19 of this bill authorizes the Department, after reviewing the report, to 64 provide advice or technical assistance to any law enforcement agency mentioned in 65 the report and, if such advice or technical assistance is provided, requires the 66 Department to present to POST a summary of the advice or technical assistance 67 given. 68 Section 20 of this bill requires the Department to record information collected 69 from law enforcement agencies concerning traffic stops and other stops in a central 70 repository created by the Department to track data electronically concerning such 71 stops on a statewide basis. However, section 25 of this bill provides that, unless the 72 Department is able to create such a central repository and record such information 73 using existing resources, such a requirement only becomes effective on the date on 74 which federal funding is obtained for the recording, collection and review of 75 information concerning traffic stops and other stops made by law enforcement 76 officers. 77 Section 21 of this bill authorizes the Department to adopt any regulations 78 necessary to carry out the provisions relating to the recording, collection and review 79 of information concerning traffic stops and other stops made by law enforcement 80 officers. 81 Section 22 of this bill requires the Legislative Commission to appoint a 82 committee to conduct an interim study relating to the establishment of crisis 83 response call centers. Section 22 requires that such a study include: (1) an 84 examination of certain proposals relating to responses to non-violent and non- 85 emergency situations; (2) a determination of how information should be provided to 86 the public regarding when to call an emergency number, a non-emergency number 87 or another help line; (3) the consideration of alternative models regarding responses 88 to crises that do not require armed law enforcement officers; and (4) a 89 determination of the feasibility of establishing a pilot program relating to crisis 90 response call centers. Section 22 requires the interim committee to submit a report 91 of its findings and any recommendations for legislation to the Governor and the 92 Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of 93 the Nevada Legislature. 94 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 289 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Each law enforcement agency shall establish an early 3 warning system for the purpose of identifying peace officers 4 employed by the law enforcement agency who: 5 (a) Display bias indicators by, for example: 6 (1) Having a large number of citizen complaints; 7 – 4 – - *SB236* (2) Being part of a large number of incidents involving the 1 use of force; 2 (3) Making a large number of arrests for resisting an 3 officer; 4 (4) Having a large number of the arrests that he or she has 5 made result in no charges being filed because of issues such as 6 improper searches or detentions; or 7 (5) Having a negative attitude regarding programs that 8 enhance relations between law enforcement and the community. 9 (b) Display other problematic behavior by, for example: 10 (1) Having a large number of motor vehicle crashes; 11 (2) Abusing sick leave; or 12 (3) Showing any other behavioral signs that are indicative 13 of a decline in performance. 14 2. If a peace officer is identified by the early warning system 15 as displaying bias indicators or other problematic behavior, the 16 law enforcement agency that employs the peace officer shall: 17 (a) Increase its supervision of the peace officer; and 18 (b) Provide additional training and, if appropriate, counseling 19 to the peace officer. 20 3. If a peace officer is repeatedly identified by the early 21 warning system as displaying bias indicators or other problematic 22 behavior, the law enforcement agency that employs the peace 23 officer shall consider the consequences that should be imposed, 24 including, without limitation, whether the peace officer should be 25 transferred from any high-profile assignments or subject to any 26 discipline. 27 4. The Peace Officers’ Standards and Training Commission 28 may adopt any regulations necessary to carry out the provisions of 29 this section. 30 Sec. 2. NRS 289.550 is hereby amended to read as follows: 31 289.550 1. Except as otherwise provided in subsection [2] 3 32 and NRS 3.310, 4.353, 258.007 and 258.060, a person upon whom 33 some or all of the powers of a peace officer are conferred pursuant 34 to NRS 289.150 to 289.360, inclusive, must be certified by the 35 Commission within 1 year after the date on which the person 36 commences employment as a peace officer unless the Commission, 37 for good cause shown, grants in writing an extension of time, which 38 must not exceed 6 months, by which the person must become 39 certified. A person who fails to become certified within the required 40 time shall not exercise any of the powers of a peace officer after the 41 time for becoming certified has expired. 42 2. Before a person may be certified by the Commission 43 pursuant to this section, the person must have, at a minimum, 44 received an associate’s degree, or completed not less than 2 years 45 – 5 – - *SB236* of military service. A person does not need to satisfy such a 1 requirement before he or she participates in any training required 2 as a condition of certification as a peace officer. 3 3. The following persons are not required to be certified by the 4 Commission: 5 (a) The Chief Parole and Probation Officer; 6 (b) The Director of the Department of Corrections; 7 (c) The Director of the Department of Public Safety, the deputy 8 directors of the Department and the chiefs of the divisions of the 9 Department other than the Investigation Division and the Nevada 10 Highway Patrol; 11 (d) The Commissioner of Insurance and the chief deputy of the 12 Commissioner of Insurance; 13 (e) Railroad police officers; and 14 (f) California correctional officers. 15 Sec. 3. Chapter 41 of NRS is hereby amended by adding 16 thereto a new section to read as follows: 17 1. Any peace officer who subjects another person or causes 18 another person to be subjected to the deprivation of any individual 19 constitutional rights that create binding obligations on 20 government actors is liable to the injured party for legal, equitable 21 or other relief. 22 2. Notwithstanding any other provision of law, if an action 23 brought pursuant to this section seeks: 24 (a) Only equitable relief, qualified immunity is not a defense to 25 liability pursuant to this section. 26 (b) Monetary damages, qualified immunity is a defense only if, 27 at the time of the conduct of the peace officer, the peace officer 28 had a good faith belief that his or her conduct did not violate the 29 law. 30 3. Notwithstanding any other provision of law and except as 31 otherwise provided in this subsection, the employer of a peace 32 officer shall indemnify the peace officer for any liability incurred 33 by the peace officer and for any judgment or settlement entered 34 against the peace officer for claims arising pursuant to this 35 section. If any act of the peace officer that resulted in such 36 liability, judgment or settlement was malicious, wanton or willful: 37 (a) The employer of the peace officer shall not indemnify the 38 peace officer; and 39 (b) The peace officer: 40 (1) Is personally liable for the costs associated with an 41 action brought pursuant to this section; and 42 (2) Shall reimburse his or her employer for any costs 43 associated with an action brought pursuant to this section that the 44 employer has already paid. 45 – 6 – - *SB236* 4. If an employer of a peace officer is required to indemnify 1 the peace officer pursuant to subsection 3, the peace officer must 2 not be required to pay any costs associated with the liability, 3 judgment or settlement first and then subsequently be reimbursed 4 by the employer. 5 Sec. 4. NRS 41.0305 is hereby amended to read as follows: 6 41.0305 As used in NRS 41.0305 to 41.039, inclusive, and 7 section 3 of this act, the term “political subdivision” includes an 8 organization that was officially designated as a community action 9 agency pursuant to 42 U.S.C. § 2790 before that section was 10 repealed and is included in the definition of an “eligible entity” 11 pursuant to 42 U.S.C. § 9902, the Nevada Rural Housing Authority, 12 an airport authority created by special act of the Legislature, a 13 regional transportation commission and a fire protection district, an 14 irrigation district, a school district, the governing body of a charter 15 school, any other special district that performs a governmental 16 function, even though it does not exercise general governmental 17 powers, and the governing body of a university school for 18 profoundly gifted pupils. 19 Sec. 5. NRS 239.010 is hereby amended to read as follows: 20 239.010 1. Except as otherwise provided in this section and 21 NRS 1.4683, 1.4687, 1A.110, 3.2203, 41.071, 49.095, 49.293, 22 62D.420, 62D.440, 62E.516, 62E.620, 62H.025, 62H.030, 62H.170, 23 62H.220, 62H.320, 75A.100, 75A.150, 76.160, 78.152, 80.113, 24 81.850, 82.183, 86.246, 86.54615, 87.515, 87.5413, 87A.200, 25 87A.580, 87A.640, 88.3355, 88.5927, 88.6067, 88A.345, 88A.7345, 26 89.045, 89.251, 90.730, 91.160, 116.757, 116A.270, 116B.880, 27 118B.026, 119.260, 119.265, 119.267, 119.280, 119A.280, 28 119A.653, 119A.677, 119B.370, 119B.382, 120A.690, 125.130, 29 125B.140, 126.141, 126.161, 126.163, 126.730, 127.007, 127.057, 30 127.130, 127.140, 127.2817, 128.090, 130.312, 130.712, 136.050, 31 159.044, 159A.044, 172.075, 172.245, 176.01249, 176.015, 32 176.0625, 176.09129, 176.156, 176A.630, 178.39801, 178.4715, 33 178.5691, 179.495, 179A.070, 179A.165, 179D.160, 200.3771, 34 200.3772, 200.5095, 200.604, 202.3662, 205.4651, 209.392, 35 209.3923, 209.3925, 209.419, 209.429, 209.521, 211A.140, 36 213.010, 213.040, 213.095, 213.131, 217.105, 217.110, 217.464, 37 217.475, 218A.350, 218E.625, 218F.150, 218G.130, 218G.240, 38 218G.350, 226.300, 228.270, 228.450, 228.495, 228.570, 231.069, 39 231.1473, 233.190, 237.300, 239.0105, 239.0113, 239.014, 40 239B.030, 239B.040, 239B.050, 239C.140, 239C.210, 239C.230, 41 239C.250, 239C.270, 239C.420, 240.007, 241.020, 241.030, 42 241.039, 242.105, 244.264, 244.335, 247.540, 247.550, 247.560, 43 250.087, 250.130, 250.140, 250.150, 268.095, 268.0978, 268.490, 44 268.910, 269.174, 271A.105, 281.195, 281.805, 281A.350, 45 – 7 – - *SB236* 281A.680, 281A.685, 281A.750, 281A.755, 281A.780, 284.4068, 1 286.110, 286.118, 287.0438, 289.025, 289.080, 289.387, 289.830, 2 293.4855, 293.5002, 293.503, 293.504, 293.558, 293.5757, 293.870, 3 293.906, 293.908, 293.910, 293B.135, 293D.510, 331.110, 332.061, 4 332.351, 333.333, 333.335, 338.070, 338.1379, 338.1593, 338.1725, 5 338.1727, 348.420, 349.597, 349.775, 353.205, 353A.049, 6 353A.085, 353A.100, 353C.240, 360.240, 360.247, 360.255, 7 360.755, 361.044, 361.2242, 361.610, 365.138, 366.160, 368A.180, 8 370.257, 370.327, 372A.080, 378.290, 378.300, 379.0075, 379.008, 9 379.1495, 385A.830, 385B.100, 387.626, 387.631, 388.1455, 10 388.259, 388.501, 388.503, 388.513, 388.750, 388A.247, 388A.249, 11 391.033, 391.035, 391.0365, 391.120, 391.925, 392.029, 392.147, 12 392.264, 392.271, 392.315, 392.317, 392.325, 392.327, 392.335, 13 392.850, 393.045, 394.167, 394.16975, 394.1698, 394.447, 394.460, 14 394.465, 396.3295, 396.405, 396.525, 396.535, 396.9685, 15 398A.115, 408.3885, 408.3886, 408.3888, 408.5484, 412.153, 16 414.280, 416.070, 422.2749, 422.305, 422A.342, 422A.350, 17 425.400, 427A.1236, 427A.872, 432.028, 432.205, 432B.175, 18 432B.280, 432B.290, 432B.407, 432B.430, 432B.560, 432B.5902, 19 432C.140, 432C.150, 433.534, 433A.360, 437.145, 437.207, 20 439.4941, 439.840, 439.914, 439B.420, 439B.754, 439B.760, 21 440.170, 441A.195, 441A.220, 441A.230, 442.330, 442.395, 22 442.735, 442.774, 445A.665, 445B.570, 445B.7773, 447.345, 23 449.209, 449.245, 449.4315, 449A.112, 450.140, 450B.188, 24 453.164, 453.720, 453A.610, 453A.700, 458.055, 458.280, 459.050, 25 459.3866, 459.555, 459.7056, 459.846, 463.120, 463.15993, 26 463.240, 463.3403, 463.3407, 463.790, 467.1005, 480.535, 480.545, 27 480.935, 480.940, 481.063, 481.091, 481.093, 482.170, 482.5536, 28 483.340, 483.363, 483.575, 483.659, 483.800, 484A.469, 484E.070, 29 485.316, 501.344, 503.452, 522.040, 534A.031, 561.285, 571.160, 30 584.655, 587.877, 598.0964, 598.098, 598A.110, 599B.090, 31 603.070, 603A.210, 604A.303, 604A.710, 612.265, 616B.012, 32 616B.015, 616B.315, 616B.350, 618.341, 618.425, 622.238, 33 622.310, 623.131, 623A.137, 624.110, 624.265, 624.327, 625.425, 34 625A.185, 628.418, 628B.230, 628B.760, 629.047, 629.069, 35 630.133, 630.2673, 630.30665, 630.336, 630A.555, 631.368, 36 632.121, 632.125, 632.3415, 632.405, 633.283, 633.301, 633.4715, 37 633.524, 634.055, 634.214, 634A.185, 635.158, 636.107, 637.085, 38 637B.288, 638.087, 638.089, 639.2485, 639.570, 640.075, 39 640A.220, 640B.730, 640C.580, 640C.600, 640C.620, 640C.745, 40 640C.760, 640D.190, 640E.340, 641.090, 641.221, 641.325, 41 641A.191, 641A.262, 641A.289, 641B.170, 641B.282, 641B.460, 42 641C.760, 641C.800, 642.524, 643.189, 644A.870, 645.180, 43 645.625, 645A.050, 645A.082, 645B.060, 645B.092, 645C.220, 44 645C.225, 645D.130, 645D.135, 645G.510, 645H.320, 645H.330, 45 – 8 – - *SB236* 647.0945, 647.0947, 648.033, 648.197, 649.065, 649.067, 652.228, 1 653.900, 654.110, 656.105, 657A.510, 661.115, 665.130, 665.133, 2 669.275, 669.285, 669A.310, 671.170, 673.450, 673.480, 675.380, 3 676A.340, 676A.370, 677.243, 678A.470, 678C.710, 678C.800, 4 679B.122, 679B.124, 679B.152, 679B.159, 679B.190, 679B.285, 5 679B.690, 680A.270, 681A.440, 681B.260, 681B.410, 681B.540, 6 683A.0873, 685A.077, 686A.289, 686B.170, 686C.306, 687A.110, 7 687A.115, 687C.010, 688C.230, 688C.480, 688C.490, 689A.696, 8 692A.117, 692C.190, 692C.3507, 692C.3536, 692C.3538, 9 692C.354, 692C.420, 693A.480, 693A.615, 696B.550, 696C.120, 10 703.196, 704B.325, 706.1725, 706A.230, 710.159, 711.600, and 11 section 17 of this act, sections 35, 38 and 41 of chapter 478, 12 Statutes of Nevada 2011 and section 2 of chapter 391, Statutes of 13 Nevada 2013 and unless otherwise declared by law to be 14 confidential, all public books and public records of a governmental 15 entity must be open at all times during office hours to inspection by 16 any person, and may be fully copied or an abstract or memorandum 17 may be prepared from those public books and public records. Any 18 such copies, abstracts or memoranda may be used to supply the 19 general public with copies, abstracts or memoranda of the records or 20 may be used in any other way to the advantage of the governmental 21 entity or of the general public. This section does not supersede or in 22 any manner affect the federal laws governing copyrights or enlarge, 23 diminish or affect in any other manner the rights of a person in any 24 written book or record which is copyrighted pursuant to federal law. 25 2. A governmental entity may not reject a book or record 26 which is copyrighted solely because it is copyrighted. 27 3. A governmental entity that has legal custody or control of a 28 public book or record shall not deny a request made pursuant to 29 subsection 1 to inspect or copy or receive a copy of a public book or 30 record on the basis that the requested public book or record contains 31 information that is confidential if the governmental entity can 32 redact, delete, conceal or separate, including, without limitation, 33 electronically, the confidential information from the information 34 included in the public book or record that is not otherwise 35 confidential. 36 4. If requested, a governmental entity shall provide a copy of a 37 public record in an electronic format by means of an electronic 38 medium. Nothing in this subsection requires a governmental entity 39 to provide a copy of a public record in an electronic format or by 40 means of an electronic medium if: 41 (a) The public record: 42 (1) Was not created or prepared in an electronic format; and 43 (2) Is not available in an electronic format; or 44 – 9 – - *SB236* (b) Providing the public record in an electronic format or by 1 means of an electronic medium would: 2 (1) Give access to proprietary software; or 3 (2) Require the production of information that is confidential 4 and that cannot be redacted, deleted, concealed or separated from 5 information that is not otherwise confidential. 6 5. An officer, employee or agent of a governmental entity who 7 has legal custody or control of a public record: 8 (a) Shall not refuse to provide a copy of that public record in the 9 medium that is requested because the officer, employee or agent has 10 already prepared or would prefer to provide the copy in a different 11 medium. 12 (b) Except as otherwise provided in NRS 239.030, shall, upon 13 request, prepare the copy of the public record and shall not require 14 the person who has requested the copy to prepare the copy himself 15 or herself. 16 Sec. 6. Chapter 484B of NRS is hereby amended by adding 17 thereto the provisions set forth as sections 7 to 21, inclusive, of this 18 act. 19 Sec. 7. As used in sections 7 to 21, inclusive, of this act, 20 unless the context otherwise requires, the words and terms defined 21 in sections 8 to 16, inclusive, of this act have the meanings 22 ascribed to them in those sections. 23 Sec. 8. “Department” means the Department of Public 24 Safety. 25 Sec. 9. “Disability” means, with respect to a person: 26 1. A physical or mental impairment that substantially limits 27 one or more of the major life activities of the person; 28 2. A record of such an impairment; or 29 3. Being regarded as having such an impairment. 30 Sec. 10. “Gender identity or expression” means a gender- 31 related identity, appearance, expression or behavior of a person, 32 regardless of the person’s assigned sex at birth. 33 Sec. 11. “Law enforcement agency” has the meaning 34 ascribed to it in NRS 289.010. 35 Sec. 12. “Law enforcement officer” means any person upon 36 whom some or all of the powers of a peace officer are conferred 37 pursuant to NRS 289.150 to 289.360, inclusive. 38 Sec. 13. “Other stop” means any occasion when a person, 39 including, without limitation, a pedestrian, is halted by a law 40 enforcement officer for an alleged violation of law, or any other 41 purpose. The term does not include a traffic stop. 42 Sec. 14. “Profiling” means the targeting of a person by a law 43 enforcement agency or a law enforcement officer, on suspicion of 44 the person having violated a provision of law, based solely on the 45 – 10 – - *SB236* person’s real or perceived age, race, ethnicity, color, national 1 origin, language, sex, gender identity or expression, sexual 2 orientation, political affiliation, religion, homelessness or 3 disability, unless the law enforcement agency or law enforcement 4 officer is acting on a suspect description or information related to 5 an identified or suspected violation of a provision of law. 6 Sec. 15. “Sexual orientation” means having or being 7 perceived as having an orientation for heterosexuality, 8 homosexuality or bisexuality. 9 Sec. 16. “Traffic stop” means any occasion when the driver 10 of a motor vehicle is halted by a law enforcement officer for an 11 alleged traffic violation or infraction, or any other purpose. 12 Sec. 17. 1. Not later than January 1, 2022, the Department 13 shall develop and implement a standardized method to be used by 14 law enforcement officers to record information concerning traffic 15 stops and other stops. The standardized method must require, and 16 any form developed and used pursuant to the standardized method 17 must provide for, the following information to be recorded for 18 each stop: 19 (a) The date and time of the stop; 20 (b) The location of the stop; 21 (c) The race, ethnicity, age and sex of the person stopped, 22 based on the observations of the law enforcement officer 23 responsible for reporting the stop; 24 (d) The nature of, and the statutory citation for, the alleged 25 violation that caused the stop to be made; and 26 (e) The disposition of the stop, including, without limitation, 27 whether: 28 (1) A warning, citation or summons was issued; 29 (2) A search was conducted and, if so: 30 (I) The type of search conducted; and 31 (II) Whether anything was found as a result of the 32 search; and 33 (3) An arrest was made. 34 2. Not later than January 1, 2022, the Department, in 35 consultation with law enforcement agencies, shall develop and 36 implement training and procedures to facilitate the collection of 37 information concerning traffic stops and other stops pursuant to 38 subsection 1. 39 3. Beginning on January 1, 2022, each law enforcement 40 officer that makes a traffic stop or other stop shall record for each 41 stop the information set forth in paragraphs (a) to (e), inclusive, of 42 subsection 1, and each law enforcement agency shall retain such 43 information. 44 – 11 – - *SB236* 4. Each law enforcement agency that engages in traffic stops 1 or other stops shall report to the Department the information 2 recorded for the previous calendar year pursuant to subsection 3 3 not later than February 1, 2023, and at least annually thereafter. 4 5. Information acquired pursuant to this section must be used 5 only for statistical purposes and not for any other purpose. The 6 information must not contain any identifying information relating 7 to a law enforcement officer who performed a traffic stop or other 8 stop or a person who was stopped. Any information collected by 9 law enforcement agencies or held by the Department pursuant to 10 this section that could reveal the identity of any law enforcement 11 officer who performed a traffic stop or other stop or any person 12 who was stopped is confidential. 13 Sec. 18. 1. To the extent that money is available, the 14 Department may contract with a third party to review all public 15 information, including, without limitation, the prevalence and 16 disposition of traffic stops and other stops, reported by law 17 enforcement agencies pursuant to section 17 of this act and 18 conduct a statistical analysis of the data for the purpose of 19 identifying patterns or practices of profiling. 20 2. If a third party with whom the Department contracts 21 pursuant to subsection 1 conducts a statistical analysis, the third 22 party must, not later than December 31 of the year in which the 23 statistical analysis is conducted, report the results of the analysis 24 to the Governor, the Department, the Chair of the Senate Standing 25 Committee on Judiciary and the Chair of the Assembly Standing 26 Committee on Judiciary. 27 3. The Department shall seek any available gifts, grants or 28 donations to assist in enabling the Department to contract with a 29 third party pursuant to subsection 1. 30 Sec. 19. 1. The Department shall review any reports 31 provided to the Department by the third party with whom the 32 Department contracts pursuant to subsection 1 of section 18 of 33 this act. 34 2. After reviewing a report, the Department may provide 35 advice or technical assistance to any law enforcement agency 36 mentioned in the report. Any advice or technical assistance 37 provided must be based on best practices in policing as determined 38 by the Peace Officers’ Standards and Training Commission. 39 3. Upon providing advice or technical assistance to a law 40 enforcement agency pursuant to subsection 2, the Department 41 shall, within a reasonable period, present to the Peace Officers’ 42 Standards and Training Commission a summary of the advice or 43 technical assistance given. The presentation must be open to the 44 – 12 – - *SB236* public, feature live testimony by presenters and be held in 1 accordance with chapter 241 of NRS. 2 Sec. 20. The Department shall record information reported 3 to the Department pursuant to subsection 4 of section 17 of this 4 act in a central repository created by the Department to track data 5 electronically concerning traffic stops and other stops on a 6 statewide basis. 7 Sec. 21. The Department may adopt any regulations 8 necessary to carry out the provisions of sections 7 to 21, inclusive, 9 of this act. 10 Sec. 22. 1. The Legislative Commission shall appoint a 11 committee to conduct an interim study relating to the establishment 12 of crisis response call centers. 13 2. The interim committee must be composed of six Legislators 14 selected as follows: 15 (a) Two members of the Senate appointed by the Majority 16 Leader of the Senate; 17 (b) Two members of the Assembly appointed by the Speaker of 18 the Assembly; 19 (c) One member of the Senate appointed by the Minority Leader 20 of the Senate; and 21 (d) One member of the Assembly appointed by the Minority 22 Leader of the Assembly. 23 3. The Legislative Commission shall appoint a Chair and Vice 24 Chair from among the members of the interim committee. 25 4. The study must include, without limitation: 26 (a) An examination of the following proposals, including, 27 without limitation, the feasibility of such proposals and any effects 28 thereof: 29 (1) Pairing peace officers with mental health specialists, 30 social workers or counselors for any mental health calls that address 31 a non-violent situation; 32 (2) Having community service officers who are not armed 33 respond to non-emergency calls and whether that would require the 34 creation of a new department; and 35 (3) Expanding existing response teams across the State. 36 (b) A determination of which situations are considered to be 37 low-risk and which crimes are considered to be non-violent and how 38 best to provide information to the public as to when a person should 39 call an emergency number, a non-emergency number or another 40 help line. 41 (c) The consideration of alternative models for responses to 42 crises using resources that do not require armed law enforcement 43 officers, including, without limitation, responses to mental health 44 crises, issues relating to homelessness or other situations in which 45 – 13 – - *SB236* responding with alternative resources is more appropriate than 1 responding with armed law enforcement officers. 2 (d) A determination of the feasibility of establishing a pilot 3 program relating to crisis response call centers. 4 5. On or before September 1, 2022, the interim committee shall 5 submit a report of its findings, including, without limitation, any 6 recommendations for legislation, to the Governor and the Director 7 of the Legislative Counsel Bureau for transmittal to the 82nd 8 Session of the Nevada Legislature. 9 Sec. 23. The provisions of NRS 354.599 do not apply to any 10 additional expenses of a local government that are related to the 11 provisions of this act. 12 Sec. 24. The provisions of subsection 1 of NRS 218D.380 do 13 not apply to any provision of this act which adds or revises a 14 requirement to submit a report to the Legislature. 15 Sec. 25. 1. This section and sections 17, 21 and 22 of this act 16 become effective upon passage and approval. 17 2. Sections 6 to 16, inclusive, and 18 of this act become 18 effective: 19 (a) Upon passage and approval for the purpose of adopting 20 regulations and performing any other preparatory administrative 21 tasks necessary to carry out the provisions of sections 7 to 19, 22 inclusive, of this act; and 23 (b) On October 1, 2021, for all other purposes. 24 3. Sections 1 to 5, inclusive, 23 and 24 of this act become 25 effective on October 1, 2021. 26 4. Section 20 of this act becomes effective: 27 (a) On October 1, 2021, if the Department of Public Safety is 28 able to perform its duties under section 20 of this act using existing 29 resources; or 30 (b) On the date on which federal funding is obtained to carry out 31 the provisions of sections 7 to 21, inclusive, of this act if the 32 Department of Public Safety is not able to perform its duties under 33 section 20 of this act using existing resources. 34 H

- 81st Session (2021) Senate Bill No. 236–Senators D. Harris; and Spearman CHAPTER.......... AN ACT relating to public safety; requiring law enforcement agencies to establish early warning systems to identify peace officers who display bias indicators or other problematic behavior; establishing provisions relating to the recording, collection and review of information concerning traffic stops made by law enforcement officers; imposing certain duties on the Department of Public Safety and law enforcement agencies regarding the recording, collection and review of such information; authorizing the Department to adopt regulations relating to the recording, collection and review of such information; requiring the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers; and providing other matters properly relating thereto. 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. (Chapter 289 of NRS) Section 1 of this bill requires every law enforcement agency to establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who display bias indicators or other problematic behavior. 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 assignments or subjecting the peace officer to any discipline. Existing law establishes provisions relating to the rules of the roads in this State. (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. Section 17 of this bill requires the Department of Public Safety to develop and implement, not later than January 1, 2022: (1) a standardized method to be used by law enforcement officers to record certain information concerning traffic stops in an electronic traffic citation system, including certain demographic information of the person who was stopped; and (2) training and procedures to facilitate the collection of such information. Section 17 also requires: (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; and (2) law enforcement agencies that retain such information to report such information for the previous calendar year to the Department beginning not later than February 1, 2023, and at least annually thereafter until February 1, 2026. Section 17 additionally requires that any such information be – 2 – - 81st Session (2021) 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 17.5 of this bill requires the Department, not later than January 1, 2024, to: (1) develop and implement a standardized method to be used by law enforcement officers to record the information required to be recorded pursuant to section 17 concerning traffic stops for which written citations or warnings are issued; (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 law enforcement agencies concerning traffic stops pursuant to sections 17 and 17.5 and conduct a statistical analysis of the data to identify patterns or practices of profiling. Section 18 requires the Department to seek any available gifts, grants or donations to assist in enabling the Department to contract with a third party to conduct such a statistical analysis. Section 18 also requires such a third party with whom the Department contracts to submit, during the year in which a statistical analysis is conducted, a report of the results of the analysis to the Governor, the Department and the Chairs of the Senate and Assembly Standing Committees on Judiciary. 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 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; and (2) make such data available to the public. However, section 25 of this bill provides that, unless the Department is able to perform such duties using existing resources, such 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. 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. Section 22 of this bill requires the Legislative Commission to appoint a committee to conduct an interim study relating to the establishment of crisis response call centers. Section 22 requires that such a study include: (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 – 3 – - 81st Session (2021) the public regarding when to call an emergency number, a non-emergency number or another help line; (3) the consideration of alternative models regarding responses to crises that do not require armed law enforcement officers; and (4) a determination of the feasibility of establishing a pilot program relating to crisis response call centers. Section 22 requires the interim committee to submit a report of its findings and any recommendations for legislation to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 289 of NRS is hereby amended by adding thereto a new section to read as follows: 1. Each law enforcement agency shall establish an early warning system for the purpose of identifying peace officers employed by the law enforcement agency who: (a) Display bias indicators by, for example: (1) Having a large number of citizen complaints; (2) Being part of a large number of incidents involving the use of force; (3) Making a large number of arrests for resisting an officer; (4) Having a large number of the arrests that he or she has made result in no charges being filed because of issues such as improper searches or detentions; or (5) Having a negative attitude regarding programs that enhance relations between law enforcement and the community. (b) Display other problematic behavior by, for example: (1) Having a large number of motor vehicle crashes; (2) Abusing sick leave; or (3) Showing any other behavioral signs that are indicative of a decline in performance. 2. 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 shall: (a) Increase its supervision of the peace officer; and (b) Provide additional training and, if appropriate, counseling to the peace officer. 3. 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, – 4 – - 81st Session (2021) including, without limitation, whether the peace officer should be transferred from any high-profile assignments or subject to any discipline. Secs. 2-4. (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, – 5 – - 81st Session (2021) 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, 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 – 6 – - 81st Session (2021) 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 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. Any such copies, abstracts or memoranda may be used to supply the general public with copies, abstracts or memoranda of the records or may be used in any other way to the advantage of the governmental entity or of the general public. This section does not supersede or in any manner affect the federal laws governing copyrights or enlarge, diminish or affect in any other manner the rights of a person in any written book or record which is copyrighted pursuant to federal law. 2. A governmental entity may not reject a book or record which is copyrighted solely because it is copyrighted. 3. A governmental entity that has legal custody or control of a public book or record shall not deny a request made pursuant to subsection 1 to inspect or copy or receive a copy of a public book or record on the basis that the requested public book or record contains information that is confidential if the governmental entity can redact, delete, conceal or separate, including, without limitation, electronically, the confidential information from the information included in the public book or record that is not otherwise confidential. 4. If requested, a governmental entity shall provide a copy of a public record in an electronic format by means of an electronic medium. 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: (a) The public record: (1) Was not created or prepared in an electronic format; and (2) Is not available in an electronic format; or (b) Providing the public record in an electronic format or by means of an electronic medium would: (1) Give access to proprietary software; or (2) Require the production of information that is confidential and that cannot be redacted, deleted, concealed or separated from information that is not otherwise confidential. 5. An officer, employee or agent of a governmental entity who has legal custody or control of a 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 – 7 – - 81st Session (2021) 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 the person who has requested the copy to prepare the copy himself or herself. Sec. 6. Chapter 484B of NRS is hereby amended by adding thereto the provisions set forth as sections 7 to 21, inclusive, of this act. Sec. 7. As used in sections 7 to 21, inclusive, of this act, unless the context otherwise requires, the words and terms defined in sections 8 to 16, inclusive, of this act have the meanings ascribed to them in those sections. Sec. 8. “Department” means the Department of Public Safety. Sec. 9. “Disability” means, with respect to a person: 1. A physical or mental impairment that substantially limits one or more of the major life activities of the person; 2. A record of such an impairment; or 3. Being regarded as having such an impairment. Sec. 10. “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. Sec. 11. “Law enforcement agency” has the meaning ascribed to it in NRS 289.010. Sec. 12. “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. Sec. 13. (Deleted by amendment.) Sec. 14. “Profiling” means the targeting of a person by a law enforcement agency or a law enforcement officer, on suspicion of the person having violated a provision of law, based solely on the person’s real or perceived age, race, ethnicity, color, national origin, language, sex, gender identity or expression, sexual orientation, political affiliation, religion, homelessness or disability, unless the law enforcement agency or law enforcement officer is acting on a suspect description or information related to an identified or suspected violation of a provision of law. Sec. 15. “Sexual orientation” means having or being perceived as having an orientation for heterosexuality, homosexuality or bisexuality. – 8 – - 81st Session (2021) 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. Sec. 17. 1. 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 in an electronic traffic citation system. The standardized method must require the electronic traffic citation system to provide for the following information to be recorded for each stop: (a) The date and time of the stop; (b) The location of the stop; (c) The race, ethnicity, age and sex of the person stopped, based on the observations of the law enforcement officer responsible for reporting the stop; (d) The nature of, and the statutory citation for, the alleged violation that caused the stop to be made; and (e) The disposition of the stop, including, without limitation, whether: (1) A warning, citation or summons was issued; (2) A search was conducted and, if so: (I) The type of search conducted; and (II) Whether anything was found as a result of the search; and (3) An arrest was made. 2. 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 for which citations are issued through an electronic traffic citation system pursuant to subsection 1. 3. 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. 4. 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. – 9 – - 81st Session (2021) 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 that is collected or held by the Department is confidential. Sec. 17.5. 1. Not later than January 1, 2024, 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 this act, and each law enforcement agency shall retain such information. 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. 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 that is collected or held by the Department is confidential. Sec. 18. 1. 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 – 10 – - 81st Session (2021) 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. 2. 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. 3. The Department shall seek any available gifts, grants or donations to assist in enabling the Department to contract with a third party pursuant to subsection 1. Sec. 19. 1. The Department shall review any reports provided to the Department by the third party with whom the Department contracts pursuant to subsection 1 of section 18 of this act. 2. After reviewing a report, the Department may provide advice or technical assistance to any law enforcement agency mentioned in the report. Any advice or technical assistance provided must be based on best practices in policing as determined by the Peace Officers’ Standards and Training Commission. 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 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. Sec. 20. The Department shall: 1. 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 17 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; and 2. 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 – 11 – - 81st Session (2021) all public roads other than those classified as local or minor rural roads. Sec. 21. The Department may adopt any regulations necessary to carry out the provisions of sections 7 to 21, inclusive, of this act. Sec. 22. 1. The Legislative Commission shall appoint a committee to conduct an interim study relating to the establishment of crisis response call centers. 2. The interim committee must be composed of six Legislators selected as follows: (a) Two members of the Senate appointed by the Majority Leader of the Senate; (b) Two members of the Assembly appointed by the Speaker of the Assembly; (c) One member of the Senate appointed by the Minority Leader of the Senate; and (d) One member of the Assembly appointed by the Minority Leader of the Assembly. 3. The Legislative Commission shall appoint a Chair and Vice Chair from among the members of the interim committee. 4. The study must include, without limitation: (a) An examination of the following proposals, including, without limitation, the feasibility of such proposals and any effects thereof: (1) Pairing peace officers with mental health specialists, social workers or counselors for any mental health calls that address a non-violent situation; (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; and (3) Expanding existing response teams across the State. (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. (c) The consideration of alternative models for responses to crises using resources that do not require armed law enforcement officers, including, without limitation, responses to mental health crises, issues relating to homelessness or other situations in which responding with alternative resources is more appropriate than responding with armed law enforcement officers. – 12 – - 81st Session (2021) (d) A determination of the feasibility of establishing a pilot program relating to crisis response call centers. 5. On or before September 1, 2022, the interim committee shall submit a report of its findings, including, without limitation, any recommendations for legislation, to the Governor and the Director of the Legislative Counsel Bureau for transmittal to the 82nd Session of the Nevada Legislature. Sec. 23. The provisions of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act. Sec. 24. 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. 25. 1. This section and sections 17, 17.5, 21 and 22 of this act become effective upon passage and approval. 2. Sections 6 to 16, inclusive, 18 and 19 of this act become effective: (a) Upon passage and approval for the purpose of adopting regulations and performing any other preparatory administrative tasks necessary to carry out the provisions of sections 7 to 19, inclusive, of this act; and (b) On October 1, 2021, for all other purposes. 3. Sections 1 to 5, inclusive, 23 and 24 of this act become effective on October 1, 2021. 4. Section 20 of this act becomes effective: (a) On October 1, 2021, if the Department of Public Safety is able to perform its duties under section 20 of this act using existing resources; or (b) On the date on which federal funding is obtained to carry out the provisions of sections 7 to 21, inclusive, of this act if the Department of Public Safety is not able to perform its duties under section 20 of this act using existing resources. 20 ~~~~~ 21