Senate Bill No. 360–Senators Titus, Neal, Care, Coffin, Mathews, Schneider and Wiener

 

March 17, 2003

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Joint Sponsor: Assemblyman Williams

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to eradication of racial profiling. (BDR 23‑1201)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

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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 peace officers; requiring the Attorney General to conduct an annual study of traffic stops for the purpose of discovering instances of racial profiling and to report his findings to the Legislature; requiring the Attorney General, in cooperation with affected law enforcement agencies, to develop criteria for the identification of specific acts of racial profiling; requiring training for awareness and prevention of racial profiling in connection with the certification and recertification of peace officers; requiring the Department of Motor Vehicles to disseminate certain information regarding racial profiling; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. Chapter 289 of NRS is hereby amended by adding

1-2  thereto the provisions set forth as sections 2 to 7, inclusive, of this

1-3  act.

1-4  Sec.  2.  As used in NRS 289.820 and sections 2 to 6, inclusive

1-5  of this act, unless the context otherwise requires, the words and

2-1  terms defined in sections 3 and 4 of this act have the meanings

2-2  ascribed to them in those sections.

2-3  Sec.  3.  “Law enforcement agency” means:

2-4  1.  The Nevada Highway Patrol;

2-5  2.  Metropolitan police departments;

2-6  3.  Sheriffs’ departments; and

2-7  4.  City police departments.

2-8  Sec.  4.  “Racial profiling” means reliance by a peace officer

2-9  upon the race, ethnicity or national origin of a person as a factor

2-10  in initiating action when the race, ethnicity or national origin of

2-11  the person is not part of an identifying description of a specific

2-12  suspect for a specific crime.

2-13      Sec.  5.  1.  The Attorney General shall conduct an annual

2-14  study of traffic stops made by law enforcement agencies and their

2-15  officers. The law enforcement agencies and their officers shall

2-16  cooperate fully in the annual studies.

2-17      2.  To carry out the annual studies, the Attorney General

2-18  shall, based upon the recommendations of the Director of the

2-19  Department of Public Safety and the heads of the law enforcement

2-20  agencies, prescribe the form and manner of collecting and

2-21  transmitting information regarding each traffic stop. The

2-22  information required to be collected and transmitted to the

2-23  Attorney General must include, without limitation:

2-24      (a) The traffic violation or infraction alleged to have been

2-25  committed that caused the person to be stopped;

2-26      (b) The identifying characteristics of the person who was

2-27  stopped, including, without limitation, the person’s race, ethnicity,

2-28  and gender and approximate age;

2-29      (c) A statement of whether the immigration status of the

2-30  person was questioned, including, without limitation, whether

2-31  immigration documents were requested by the officer or whether

2-32  an inquiry was made to the Immigration and Naturalization

2-33  Service of the United States Department of Justice with regard to

2-34  the immigration status of any person present;

2-35      (d) The number of persons who were present at the time of the

2-36  stop;

2-37      (e) A statement of whether a search was instituted as a result

2-38  of the stop, including, without limitation, whether consent was

2-39  requested for the search or whether a particular alleged criminal

2-40  behavior by the person justified the search;

2-41      (f) A report of any items seized during a search, including,

2-42  without limitation, a report of any contraband or money that was

2-43  seized;

2-44      (g) A statement of whether any warning or citation was issued

2-45  as a result of the stop;

3-1  (h) A statement of whether an arrest was made as a result of

3-2  either the stop itself or any search conducted during the stop, and

3-3  the justification for any such arrest; and

3-4  (i) With respect to the peace officer who made the stop, an

3-5  identifying number generated at random to allow reference to that

3-6  peace officer for statistical purposes without revealing the actual

3-7  identity of that peace officer or compromising the confidentiality

3-8  of that peace officer.

3-9  3.  The Attorney General may collect reports from individual

3-10  peace officers regarding traffic stops made by other peace officers

3-11  and from persons who were the subject of a traffic stop. Any such

3-12  report may be submitted anonymously and must be kept

3-13  confidential.

3-14      4.  On or before February 1 of each year, the Attorney

3-15  General shall:

3-16      (a) Compile the results of the information collected pursuant

3-17  to subsections 2 and 3 and report it in statistical form. All

3-18  identifying information regarding the particular peace officers

3-19  who made the stops and the persons who were stopped must

3-20  remain confidential.

3-21      (b) Submit a copy of the report to the Director of the

3-22  Legislative Counsel Bureau for transmittal to:

3-23          (1) If the Legislature is in session, the standing committees

3-24  of the Legislature which have jurisdiction of the subject matter; or

3-25          (2) If the Legislature is not in session, the Legislative

3-26  Commission.

3-27      5.  As used in this section, “traffic stop” means any occasion

3-28  when:

3-29      (a) The driver of a motor vehicle;

3-30      (b) The operator of a vehicle that is not motorized, including,

3-31  without limitation, a bicycle; or

3-32      (c) A pedestrian,

3-33  is halted by a peace officer for an alleged traffic violation or

3-34  infraction or for any other purpose. The term does not include an

3-35  occasion when such a person is halted by a peace officer for the

3-36  sole purpose of controlling the flow or movement of traffic.

3-37      Sec.  6.  1.  In connection with conducting the annual

3-38  studies described in section 5 of this act, the Attorney General

3-39  shall, in cooperation with the Director of the Department of Public

3-40  Safety and the heads of the law enforcement agencies, develop

3-41  criteria for determining when:

3-42      (a) A peace officer has engaged in racial profiling;

3-43      (b) A supervisory peace officer has engaged in conduct that

3-44  condones or tacitly approves of racial profiling; and

4-1  (c) A law enforcement agency has engaged in a pattern of

4-2  racial profiling.

4-3  2.  Applying the criteria developed pursuant to subsection 1,

4-4  the Attorney General shall identify any instances in which the

4-5  Attorney General determines that a peace officer, supervisory

4-6  peace officer or law enforcement agency has engaged in conduct

4-7  of the type described in that subsection. A description of any such

4-8  identified instances must be included in the report described in

4-9  paragraph (b) of subsection 4 of section 5 of this act.

4-10      Sec.  7.  1.  As a condition of the certification of each peace

4-11  officer, the Commission shall require each peace officer to be

4-12  trained in regard to the issue of racial profiling, including, without

4-13  limitation:

4-14      (a) Awareness of racial profiling and the steps that peace

4-15  officers may take to avoid engaging in conduct that constitutes

4-16  racial profiling;  

4-17      (b) The manner in which a report from a person who claims to

4-18  be a victim of racial profiling should be taken; and

4-19      (c) The proper method of carrying out an investigation of

4-20  alleged racial profiling.

4-21      2.  In addition, the Commission shall require annual training

4-22  and recertification in the matters described in subsection 1.

4-23      3.  As used in this section, “racial profiling” has the meaning

4-24  ascribed to it in section 4 of this act.

4-25      Sec.  8.  NRS 289.450 is hereby amended to read as follows:

4-26      289.450  As used in NRS 289.450 to 289.600, inclusive, and

4-27  section 7 of this act, unless the context otherwise requires, the

4-28  words and terms defined in NRS 289.460 to 289.490, inclusive,

4-29  have the meanings ascribed to them in those sections.

4-30      Sec.  9.  NRS 289.820 is hereby amended to read as follows:

4-31      289.820  1.  A peace officer shall not engage in racial

4-32  profiling.

4-33      2.  No retaliatory or punitive action may be taken against a

4-34  peace officer who discloses information concerning racial profiling.

4-35      [3.  For purposes of this section, “racial profiling” means

4-36  reliance by a peace officer upon the race, ethnicity or national origin

4-37  of a person as a factor in initiating action when the race, ethnicity or

4-38  national origin of the person is not part of an identifying description

4-39  of a specific suspect for a specific crime.]

4-40      Sec.  10.  NRS 482.280 is hereby amended to read as follows:

4-41      482.280  1.  The registration of every vehicle expires at

4-42  midnight on the day specified on the receipt of registration, unless

4-43  the day specified falls on a Saturday, Sunday or legal holiday. If the

4-44  day specified on the receipt of registration is a Saturday, Sunday or

4-45  legal holiday, the registration of the vehicle expires at midnight on

5-1  the next judicial day. The Department shall mail to each holder of a

5-2  certificate of registration an application for renewal of registration

5-3  for the following period of registration. The applications must be

5-4  mailed by the Department in sufficient time to allow all applicants

5-5  to mail the applications to the Department and to receive new

5-6  certificates of registration and license plates, stickers, tabs or other

5-7  suitable devices by mail before the expiration of their registrations.

5-8  An applicant may present or submit the application to any agent or

5-9  office of the Department.

5-10      2.  An application:

5-11      (a) Mailed or presented to the Department or to a county

5-12  assessor pursuant to the provisions of this section;

5-13      (b) Submitted to the Department pursuant to NRS 482.294; or

5-14      (c) Presented to an authorized inspection station or authorized

5-15  station pursuant to the provisions of NRS 482.281,

5-16  must include, if required, evidence of compliance with standards for

5-17  control of emissions.

5-18      3.  The Department shall insert in each application mailed

5-19  pursuant to subsection 1:

5-20      (a) The amount of the governmental services tax to be collected

5-21  for the county pursuant to the provisions of NRS 482.260 ; [.]

5-22      (b) The amount set forth in a notice of nonpayment filed with

5-23  the Department by a local authority pursuant to NRS 484.444 ; [.]

5-24      (c) A statement which informs the applicant that, pursuant to

5-25  NRS 485.185, he is legally required to maintain insurance during

5-26  the period in which the motor vehicle is registered[.] ; and

5-27      (d) Materials setting forth:

5-28          (1) The definition of the term “racial profiling” that is

5-29  provided in section 4 of this act;

5-30          (2) The manner in which an operator of a vehicle should

5-31  respond when stopped by a peace officer; and

5-32          (3) The actions that an aggrieved person may take if he

5-33  believes he was stopped as a result of racial profiling, including,

5-34  without limitation, the telephone number of the Office of the

5-35  Attorney General or another telephone number that a person may

5-36  use to report an alleged incident of racial profiling.

5-37      4.  An owner who has made proper application for renewal of

5-38  registration before the expiration of the current registration but who

5-39  has not received the license plate or plates or card of registration for

5-40  the ensuing period of registration is entitled to operate or permit the

5-41  operation of that vehicle upon the highways upon displaying thereon

5-42  the license plate or plates issued for the preceding period of

5-43  registration for such a time as may be prescribed by the Department

5-44  as it may find necessary for the issuance of the new plate or plates

5-45  or card of registration.

6-1  5.  As used in this section:

6-2  (a) “Peace officer” has the meaning ascribed to it in

6-3  NRS 289.010.

6-4  (b) “Racial profiling” has the meaning ascribed to it in section

6-5  4 of this act.

6-6  Sec.  11.  NRS 483.203 is hereby amended to read as follows:

6-7  483.203  1.  The position of Drivers’ Education and Safety

6-8  Officer is hereby created in the Department.

6-9  2.  The Drivers’ Education and Safety Officer:

6-10      [1.] (a) Shall plan and administer a program of safety education

6-11  which includes safety information concerning interaction among

6-12  motor vehicles, bicycles and pedestrians[.

6-13      2.] ;

6-14      (b) Shall ensure that any driver’s handbook or manual of

6-15  automobile driver education which is produced by the Department

6-16  sets forth:

6-17          (1) The definition of the term “racial profiling” that is

6-18  provided in section 4 of this act;

6-19          (2) The manner in which an operator of a vehicle should

6-20  respond when stopped by a peace officer; and

6-21          (3) The actions that an aggrieved person may take if he

6-22  believes he was stopped as a result of racial profiling, including,

6-23  without limitation, the telephone number of the Office of the

6-24  Attorney General or another telephone number that a person may

6-25  use to report an alleged incident of racial profiling; and

6-26      (c) May provide grants to local governmental entities, including

6-27  school districts, for assistance in carrying out the program of safety

6-28  education.

6-29      3.  As used in this section:

6-30      (a) “Peace officer” has the meaning ascribed to it in

6-31  NRS 289.010.

6-32      (b) “Racial profiling” has the meaning ascribed to it in section

6-33  4 of this act.

6-34      Sec.  12.  NRS 483.340 is hereby amended to read as follows:

6-35      483.340  1.  The Department shall, upon payment of the

6-36  required fee, issue to every qualified applicant a driver’s license

6-37  indicating the type or class of vehicles the licensee may drive. The

6-38  license must bear a unique number assigned to the licensee pursuant

6-39  to NRS 483.345, the licensee’s social security number, if he has one,

6-40  unless he requests that it not appear on the license, the full name,

6-41  date of birth, mailing address and a brief description of the licensee,

6-42  and a space upon which the licensee shall write his usual signature

6-43  in ink immediately upon receipt of the license. A license is not valid

6-44  until it has been so signed by the licensee.

7-1  2.  The Department may issue a driver’s license for purposes of

7-2  identification only for use by officers of local police and sheriffs’

7-3  departments, agents of the Investigation Division of the Department

7-4  of Public Safety while engaged in special undercover investigations

7-5  relating to narcotics or prostitution or for other undercover

7-6  investigations requiring the establishment of a fictitious identity,

7-7  federal agents while engaged in undercover investigations,

7-8  investigators employed by the Attorney General while engaged in

7-9  undercover investigations and agents of the State Gaming Control

7-10  Board while engaged in investigations pursuant to NRS 463.140. An

7-11  application for such a license must be made through the head of the

7-12  police or sheriff’s department, the Chief of the Investigation

7-13  Division of the Department of Public Safety, the director of the

7-14  appropriate federal agency, the Attorney General or the Chairman of

7-15  the State Gaming Control Board. Such a license is exempt from the

7-16  fees required by NRS 483.410. The Department, by regulation, shall

7-17  provide for the cancellation of any such driver’s license upon the

7-18  completion of the special investigation for which it was issued.

7-19      3.  Information pertaining to the issuance of a driver’s license

7-20  pursuant to subsection 2 is confidential.

7-21      4.  It is unlawful for any person to use a driver’s license issued

7-22  pursuant to subsection 2 for any purpose other than the special

7-23  investigation for which it was issued.

7-24      5.  At the time of the issuance or renewal of the driver’s license,

7-25  the Department shall:

7-26      (a) Provide the holder with materials setting forth:

7-27          (1) The definition of the term “racial profiling” that is

7-28  provided in section 4 of this act;

7-29          (2) The manner in which an operator of a vehicle should

7-30  respond when stopped by a peace officer; and

7-31          (3) The actions that an aggrieved person may take if he

7-32  believes he was stopped as a result of racial profiling, including,

7-33  without limitation, the telephone number of the Office of the

7-34  Attorney General or another telephone number that a person may

7-35  use to report an alleged incident of racial profiling;

7-36      (b) Give the holder the opportunity to indicate on his driver’s

7-37  license that he wishes to be a donor of all or part of his body

7-38  pursuant to NRS 451.500 to 451.590, inclusive, or that he refuses to

7-39  make an anatomical gift of his body or part of his body;

7-40      [(b)] (c) Give the holder the opportunity to indicate whether he

7-41  wishes to donate $1 or more to the Anatomical Gift Account created

7-42  by NRS 460.150; and

7-43      [(c)] (d) Provide to each holder who is interested in becoming a

7-44  donor information relating to anatomical gifts, including the

8-1  procedure for registration as a donor with The Living Bank

8-2  International or its successor organization.

8-3  6.  If the holder wishes to make a donation to the Anatomical

8-4  Gift Account, the Department shall collect the donation and deposit

8-5  the money collected in the State Treasury for credit to the

8-6  Anatomical Gift Account.

8-7  7.  The Department shall submit to The Living Bank

8-8  International, or its successor organization, information from the

8-9  records of the Department relating to persons who have drivers’

8-10  licenses that indicate the intention of those persons to make an

8-11  anatomical gift. The Department shall adopt regulations to carry out

8-12  the provisions of this subsection.

8-13      8.  As used in this section:

8-14      (a) “Peace officer” has the meaning ascribed to it in

8-15  NRS 289.010.

8-16      (b) “Racial profiling” has the meaning ascribed to it in section

8-17  4 of this act.

8-18      Sec.  13.  The Attorney General shall develop the criteria

8-19  described in subsection 1 of section 6 of this act not later than

8-20  July 1, 2004.

8-21      Sec.  14.  This act becomes effective on July 1, 2003.

 

8-22  H