A.B. 361
- *AB361*
ASSEMBLY BILL NO. 361–ASSEMBLYMEMBER HUNT
MARCH 4, 2025
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Referred to Committee on Growth and Infrastructure
SUMMARY—Makes various changes relating to public mass
transportation. (BDR 22-1066)
FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.
Effect on the State: No.
CONTAINS UNFUNDED MANDATE (§ 1)
(NOT REQUESTED BY AFFECTED LOCAL GOVERNMENT)
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to transportation; requiring a regional
transportation commission in certain counties to take
certain actions to mitigate safety risks to transit operators;
authorizing a governmental entity that operates a public
mass transportation system to obtain a public
transportation trespass order under certain circumstances;
providing a penalty for the violation of such an order; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law provides that in any county for all or part of which a streets and 1
highways plan has been adopted as a part of the master plan by the county or 2
regional planning commission, the board of county commissioners may by 3
ordinance create a regional transportation commission. A commission may perform 4
certain duties prescribed by law, such as operating a system of public transportation 5
within its area of jurisdiction and using streets, roads, highways and other public 6
rights-of-way for public transportation. (NRS 277A.170, 277A.270) Section 1 of 7
this bill requires a regional transportation commission in a county whose population 8
is 100,000 or more (currently Clark and Washoe Counties) to: (1) take certain 9
actions to mitigate safety risks to transit operators, including, without limitation, 10
installing and maintaining appropriate infrastructure and technology designed to 11
mitigate safety risks to transit operators such as the use of barriers, panic buttons 12
and other technology; and (2) install and maintain appropriate signage informing 13
the public about the criminal penalties for certain crimes committed against transit 14
operators or the public. 15
Existing law establishes an increased penalty for assault or battery committed 16
upon a transit operator, which is defined as a person who operates a bus or other 17
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vehicle as part of a public mass transportation system, if the transit operator is 18
performing his or her duty and the person charged knew or should have known that 19
the victim was a transit operator. (NRS 200.471, 200.481) Section 2 of this bill: (1) 20
authorizes a governmental entity that operates a public mass transportation system 21
to petition the district court for a public transportation trespass order against a 22
person who has been convicted of assault or battery against a transit operator; (2) 23
sets forth requirements for the issuance, modification and termination of such an 24
order; and (3) provides that violation of such an order is a misdemeanor. 25
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. Chapter 277A of NRS is hereby amended by 1
adding thereto a new section to read as follows: 2
1. In a county whose population is 100,000 or more, a 3
commission shall: 4
(a) Install and maintain appropriate infrastructure and 5
technology designed to mitigate safety risks to transit operators, 6
including, without limitation, the use of: 7
(1) Barriers to restrict the unwanted entry of passengers 8
and unauthorized persons and objects into the workstation of a 9
transit operator; and 10
(2) Panic buttons and other technology designed to mitigate 11
safety risks to transit operators. 12
(b) Install and maintain appropriate signage informing the 13
public about the criminal penalties for crimes committed against 14
transit operators or the public, including, without limitation, the 15
criminal penalties for: 16
(1) Assault of a transit operator pursuant to NRS 200.471; 17
(2) Battery of a transit operator pursuant to NRS 200.481; 18
and 19
(3) Violation of a public transportation trespass order 20
pursuant to section 2 of this act. 21
2. As used in this section, “transit operator” has the meaning 22
ascribed to it in NRS 200.471. 23
Sec. 2. Chapter 200 of NRS is hereby amended by adding 24
thereto a new section to read as follows: 25
1. If a person is convicted of a violation of NRS 200.471 or 26
200.481 committed upon a transit operator, the governmental 27
entity operating the public mass transportation system for which 28
the transit operator was performing his or her duties may petition 29
the district court in the county in which the violation occurred 30
for the issuance of a public transportation trespass order pursuant 31
to this section. 32
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2. A petition for the issuance of a public transportation 1
trespass order filed pursuant to this section must include all of the 2
following information: 3
(a) Evidence of the conviction of the person against whom the 4
order is sought for a violation of NRS 200.471 or 200.481. 5
(b) A detailed statement of facts demonstrating that the order 6
is necessary to protect public safety and transit operations. 7
(c) The proposed duration and scope of the order, which must 8
not exceed 18 months. 9
3. Within 30 days after a petition for the issuance of a public 10
transportation trespass order is filed pursuant to this section, the 11
court shall hold a hearing to determine whether to issue the order. 12
The person against whom the order is sought is entitled to notice 13
of the hearing and an opportunity to be heard at the hearing. 14
4. The court may issue a public transportation trespass order 15
pursuant to this section if the court finds, by a preponderance of 16
the evidence, that: 17
(a) The person against whom the order is sought poses a 18
continuing threat to public safety or transit operations; and 19
(b) The order is necessary to protect public safety or to prevent 20
future disruptions to transit operations. 21
5. A public transportation trespass order issued pursuant to 22
this section may, with respect to the person against whom the 23
order is issued, do any or all of the following: 24
(a) Prohibit the person from entering onto the property of the 25
public mass transportation system for a specified period not to 26
exceed 18 months; 27
(b) Limit the access of the person to transit services offered by 28
the public mass transportation for a specified period not to exceed 29
18 months; or 30
(c) Impose any other appropriate restrictions or prohibitions 31
on the person with respect to entering the property of the public 32
mass transportation system or using the transit services offered by 33
the public mass transportation system. 34
6. A public transportation trespass order issued pursuant to 35
this section must be consistent with all other applicable federal, 36
state or local laws that protect civil rights and ensure public access 37
to a public mass transportation system. 38
7. A person who is subject to a public transportation trespass 39
order issued pursuant to this section and who violates such an 40
order is guilty of a misdemeanor. 41
8. A person against whom a public transportation trespass 42
order has been issued pursuant to this section may, at any time 43
after issuance of the order, file a petition with the court that issued 44
the order requesting modification or termination of the order. 45
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Within 30 days after a petition for modification or termination of 1
an order is filed pursuant to this section, the court shall hold a 2
hearing to determine whether to modify or terminate the order. 3
The governmental entity that filed the petition for the order is 4
entitled to notice of the hearing and an opportunity to be heard at 5
the hearing. If the court finds, by a preponderance of the evidence, 6
that modification or termination of the order is warranted and 7
would not jeopardize public safety or transit operations, the court 8
may modify or terminate the order. 9
9. A governmental entity that operates a public mass 10
transportation system shall: 11
(a) Maintain records of any public transportation trespass 12
order issued pursuant to this section; and 13
(b) Periodically review those records to ensure proportionality 14
and fairness. 15
10. A governmental entity that operates a public mass 16
transportation system which has obtained a public transportation 17
trespass order pursuant to this section may file a petition to 18
terminate or modify the order. Upon the filing of such a petition, 19
the court shall modify or terminate the order as requested in the 20
petition. 21
Sec. 3. The provisions of NRS 354.599 do not apply to any 22
additional expenses of a local government that are related to the 23
provisions of this act. 24
H