Senate Bill No. 381–Senators James, Rhoads, Porter,
Washington, Amodei and Wiener

March 11, 1999

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Joint Sponsor: Assemblyman Perkins

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Referred to Committee on Transportation

 

SUMMARY—Prohibits use of electronic device for observation and detection of moving traffic violations in certain circumstances. (BDR 43-504)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to traffic; prohibiting the use of electronic devices for the observation and detection of moving traffic violations in certain circumstances; providing that evidence obtained through the use of such a device is not admissible in a criminal or administrative proceeding in certain circumstances; 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 484 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 2, a person or

1-4 governmental entity shall not use, or cause to be used, for gathering

1-5 evidence or for any other purpose, an electronic device for the

1-6 observation and detection of violations of this chapter, the regulations

1-7 adopted pursuant thereto or the laws, ordinances, resolutions or

1-8 regulations of a local authority concerning moving traffic violations.

1-9 2. A person or governmental entity may use or cause to be used an

1-10 electronic device for the observation and detection of moving traffic

1-11 violations and evidence obtained therefrom is admissible in a criminal or

1-12 administrative hearing if, immediately after the electronic device

1-13 observes or detects such a violation, a police officer:

2-1 (a) Stops the driver of the motor vehicle who is observed or detected

2-2 committing the violation;

2-3 (b) Records the information described in subsection 1 of NRS 484.800

2-4 that identifies the driver of the motor vehicle; and

2-5 (c) Informs the driver of the motor vehicle that the driver will be

2-6 issued a citation at that time or a later time.

2-7 3. Evidence obtained in violation of subsection 1 is not admissible in

2-8 a criminal or administrative proceeding.

2-9 4. As used in this section, "electronic device for the observation and

2-10 detection of violations" means an electronic device or other system that

2-11 uses a photographic, video, digital or other method of capturing an

2-12 image to produce evidence of a moving traffic violation automatically,

2-13 without the aid of a person to operate the device.

2-14 Sec. 2. This act becomes effective on July 1, 1999.

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