EXEMPT (Reprinted with amendments adopted on April 17, 2025) FIRST REPRINT S.B. 85 - *SB85_R1* SENATE BILL NO. 85–COMMITTEE ON GROWTH AND INFRASTRUCTURE (ON BEHALF OF THE JOINT INTERIM STANDING COMMITTEE ON JUDICIARY) PREFILED JANUARY 7, 2025 ____________ Referred to Committee on Growth and Infrastructure SUMMARY—Revises provisions relating to public safety. (BDR 43-490) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. CONTAINS UNFUNDED MANDATE (§§ 1, 2) (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; removing the prospective expiration of certain requirements relating to the recording, retention and review of information concerning traffic stops made by law enforcement officers; revising certain reporting requirements for law enforcement agencies and certain third parties with whom the Department of Public Safety contracts; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law: (1) prescribes certain requirements relating to the recording, 1 retention and reporting of information concerning traffic stops made by law 2 enforcement officers; and (2) in general, makes these requirements applicable 3 during a period that ends on February 1, 2026. (NRS 484B.830, 484B.833) 4 Sections 1 and 2 of this bill remove the prospective expiration of these 5 requirements, thereby making permanent the requirements relating to the recording, 6 retention and reporting of information concerning traffic stops made by law 7 enforcement officers. 8 Under existing law, one such requirement provides that each law enforcement 9 agency that engages in traffic stops for which certain citations or warnings are 10 issued must annually report to the Department of Public Safety certain information 11 concerning such stops. (NRS 484B.830, 484B.833) Existing law authorizes the 12 Department to contract with a third party to: (1) review all public information, 13 – 2 – - *SB85_R1* including, without limitation, information reported to the Department by law 14 enforcement agencies; and (2) conduct a statistical analysis of the data for the 15 purpose of identifying patterns or practices of profiling. If the Department enters 16 into such a contract, existing law requires a third party with whom the Department 17 contracts to report the results of the statistical analysis to the Governor, the 18 Department and the Chairs of the Senate and Assembly Standing Committees on 19 Judiciary. (NRS 484B.837) Section 2.5 of this bill instead requires that any such 20 report be submitted to the Governor, the Department and: (1) if the report is 21 prepared during an even-numbered year, the next regular session of the Legislature; 22 or (2) if the report is prepared during an odd-numbered year, the Joint Interim 23 Standing Committee on the Judiciary. 24 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 484B.830 is hereby amended to read as 1 follows: 2 484B.830 1. Not later than January 1, 2022, the Department 3 shall develop and implement a standardized method to be used by 4 law enforcement officers to record information concerning traffic 5 stops in an electronic traffic citation system. The standardized 6 method must require the electronic traffic citation system to provide 7 for the following information to be recorded for each stop: 8 (a) The date and time of the stop; 9 (b) The location of the stop; 10 (c) The race, ethnicity, age and sex of the person stopped, based 11 on the observations of the law enforcement officer responsible for 12 reporting the stop; 13 (d) The nature of, and the statutory citation for, the alleged 14 violation that caused the stop to be made; and 15 (e) The disposition of the stop, including, without limitation, 16 whether: 17 (1) A warning, citation or summons was issued; 18 (2) A search was conducted and, if so: 19 (I) The type of search conducted; and 20 (II) Whether anything was found as a result of the search; 21 and 22 (3) An arrest was made. 23 2. Not later than January 1, 2022, the Department, in 24 consultation with law enforcement agencies, shall develop and 25 implement training and procedures to facilitate the collection of 26 information concerning traffic stops for which citations are 27 issued through an electronic traffic citation system pursuant to 28 subsection 1. 29 3. [During the period beginning on January 1, 2022, and 30 ending on December 31, 2025, each] Each law enforcement officer 31 – 3 – - *SB85_R1* that makes a traffic stop for which a citation is issued through an 1 electronic traffic citation system shall record for each stop the 2 information set forth in paragraphs (a) to (e), inclusive, of 3 subsection 1, and each law enforcement agency shall retain such 4 information. 5 4. [Each] On or before February 1 of each year, each law 6 enforcement agency that engages in traffic stops for which citations 7 are issued through an electronic traffic citation system shall report to 8 the Department the information recorded for the previous calendar 9 year pursuant to subsection 3 . [not later than February 1, 2023, and 10 at least annually thereafter until February 1, 2026.] 11 5. Information acquired pursuant to this section must be used 12 [by the Department] only for statistical purposes and not for any 13 other purpose. Any identifying information of a law enforcement 14 officer who performed a traffic stop or a person who was stopped 15 that is collected or held by the Department is confidential. 16 Sec. 2. NRS 484B.833 is hereby amended to read as follows: 17 484B.833 1. Not later than January 1, 2024, the Department 18 shall develop and implement a standardized method to be used by 19 law enforcement officers to record information concerning traffic 20 stops for which written citations or warnings are issued. The 21 standardized method must require the information set forth in 22 paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484B.830 to 23 be recorded for each stop. 24 2. Not later than January 1, 2024, the Department, in 25 consultation with law enforcement agencies, shall: 26 (a) Develop and implement training and procedures to facilitate 27 the collection of information set forth in paragraphs (a) to (e), 28 inclusive, of subsection 1 of NRS 484B.830 concerning traffic stops 29 for which written citations or warnings are issued; and 30 (b) Update written forms for traffic citations to accommodate 31 the collection of information set forth in paragraphs (a) to (e), 32 inclusive, of subsection 1 of NRS 484B.830. 33 3. [During the period beginning on January 1, 2024, and 34 ending on December 31, 2025, each] Each law enforcement officer 35 that makes a traffic stop for which a written citation or warning is 36 issued shall record for each stop the information set forth in 37 paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484B.830, 38 and each law enforcement agency shall retain such information. 39 4. [Each] On or before February 1 of each year, each law 40 enforcement agency that engages in traffic stops for which written 41 citations or warnings are issued shall report to the Department the 42 information recorded for the previous calendar year pursuant to 43 subsection 3 . [not later than February 1, 2025, for the 2024 calendar 44 – 4 – - *SB85_R1* year and not later than February 1, 2026, for the 2025 calendar 1 year.] 2 5. Information acquired pursuant to this section must be used 3 [by the Department] only for statistical purposes and not for any 4 other purpose. Any identifying information of a law enforcement 5 officer who performed a traffic stop or a person who was stopped 6 that is collected or held by the Department is confidential. 7 Sec. 2.5. NRS 484B.837 is hereby amended to read as follows: 8 484B.837 1. To the extent that money is available, the 9 Department may contract with a third party to review all public 10 information, including, without limitation, the prevalence and 11 disposition of traffic stops reported by law enforcement agencies 12 pursuant to NRS 484B.830 and 484B.833, and conduct a statistical 13 analysis of the data for the purpose of identifying patterns or 14 practices of profiling. 15 2. If a third party with whom the Department contracts 16 pursuant to subsection 1 conducts a statistical analysis, the third 17 party must, not later than December 31 of the year in which the 18 statistical analysis is conducted, report the results of the analysis to 19 the Governor, to the Department [,] and to the Director of the 20 Legislative Counsel Bureau for transmittal to: 21 (a) If the report is prepared in an even-numbered year, the 22 [Chair of the Senate Standing Committee on Judiciary and the Chair 23 of the Assembly] next regular session of the Legislature. 24 (b) If the report is prepared in an odd-numbered year, the 25 Joint Interim Standing Committee on the Judiciary. 26 3. The Department shall seek any available gifts, grants or 27 donations to assist in enabling the Department to contract with a 28 third party pursuant to subsection 1. 29 Sec. 3. The provisions of NRS 354.599 do not apply to any 30 additional expenses of a local government that are related to the 31 provisions of this act. 32 Sec. 4. The provisions of NRS 218D.380 do not apply to any 33 provision of this act which adds or revises a requirement to submit a 34 report to the Legislature. 35 H