S.B. 85 - *SB85* 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 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) Sections 1 and 2 also require 12 each such law enforcement agency to report the information to the: (1) Director of 13 the Legislative Counsel Bureau for transmittal to the Senate and Assembly 14 – 2 – - *SB85* Standing Committees on Judiciary in odd-numbered years; and (2) Joint Interim 15 Standing Committee on the Judiciary in even-numbered years. 16 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 that makes a traffic stop for which a citation is issued through an 32 electronic traffic citation system shall record for each stop the 33 information set forth in paragraphs (a) to (e), inclusive, of 34 subsection 1, and each law enforcement agency shall retain such 35 information. 36 4. [Each] On or before February 1 of each year, each law 37 enforcement agency that engages in traffic stops for which citations 38 are issued through an electronic traffic citation system shall report 39 – 3 – - *SB85* [to the Department] the information recorded for the previous 1 calendar year pursuant to subsection 3 [not later than February 1, 2 2023, and at least annually thereafter until February 1, 2026.] to the 3 Department and: 4 (a) In odd-numbered years, to the Director of the Legislative 5 Counsel Bureau for transmittal to the Senate and Assembly 6 Standing Committees on Judiciary. 7 (b) In even-numbered years, to the Joint Interim Standing 8 Committee on the Judiciary. 9 5. Information acquired pursuant to this section must be used 10 [by the Department] only for statistical purposes and not for any 11 other purpose. Any identifying information of a law enforcement 12 officer who performed a traffic stop or a person who was stopped 13 that is collected or held by the Department is confidential. 14 Sec. 2. NRS 484B.833 is hereby amended to read as follows: 15 484B.833 1. Not later than January 1, 2024, the Department 16 shall develop and implement a standardized method to be used by 17 law enforcement officers to record information concerning traffic 18 stops for which written citations or warnings are issued. The 19 standardized method must require the information set forth in 20 paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484B.830 to 21 be recorded for each stop. 22 2. Not later than January 1, 2024, the Department, in 23 consultation with law enforcement agencies, shall: 24 (a) Develop and implement training and procedures to facilitate 25 the collection of information set forth in paragraphs (a) to (e), 26 inclusive, of subsection 1 of NRS 484B.830 concerning traffic stops 27 for which written citations or warnings are issued; and 28 (b) Update written forms for traffic citations to accommodate 29 the collection of information set forth in paragraphs (a) to (e), 30 inclusive, of subsection 1 of NRS 484B.830. 31 3. [During the period beginning on January 1, 2024, and 32 ending on December 31, 2025, each] Each law enforcement officer 33 that makes a traffic stop for which a written citation or warning is 34 issued shall record for each stop the information set forth in 35 paragraphs (a) to (e), inclusive, of subsection 1 of NRS 484B.830, 36 and each law enforcement agency shall retain such information. 37 4. [Each] On or before February 1 of each year, each law 38 enforcement agency that engages in traffic stops for which written 39 citations or warnings are issued shall report [to the Department] the 40 information recorded for the previous calendar year pursuant to 41 subsection 3 [not later than February 1, 2025, for the 2024 calendar 42 year and not later than February 1, 2026, for the 2025 calendar 43 year.] to the Department and: 44 – 4 – - *SB85* (a) In odd-numbered years, to the Director of the Legislative 1 Counsel Bureau for transmittal to the Senate and Assembly 2 Standing Committees on Judiciary. 3 (b) In even-numbered years, to the Joint Interim Standing 4 Committee on the Judiciary. 5 5. Information acquired pursuant to this section must be used 6 [by the Department] only for statistical purposes and not for any 7 other purpose. Any identifying information of a law enforcement 8 officer who performed a traffic stop or a person who was stopped 9 that is collected or held by the Department is confidential. 10 Sec. 3. The provisions of NRS 354.599 do not apply to any 11 additional expenses of a local government that are related to the 12 provisions of this act. 13 Sec. 4. The provisions of NRS 218D.380 do not apply to any 14 provision of this act which adds or revises a requirement to submit a 15 report to the Legislature. 16 H