Assembly Bill No. 500–Assemblymen Williams, Giunchigliani, Leslie, Goldwater, Parks, Anderson, Bache, Buckley, Chowning, Manendo and Ohrenschall

 

March 19, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Directs Attorney General to conduct study of traffic stops by law enforcement officers in certain counties. (BDR S‑386)

 

FISCAL NOTE:            Effect on Local Government: Yes.

                                    Effect on the State: Yes.

 

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 law enforcement; directing the Attorney General to conduct a statistical study regarding traffic stops by law enforcement officers in certain counties; 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. 1.  The Attorney General shall conduct a study of traffic

1-2  stops in counties whose population is 100,000 or more by the Nevada

1-3  Highway Patrol, metropolitan police departments, sheriffs and their

1-4  deputies, and city police chiefs and their deputies. Each such law

1-5  enforcement agency shall cooperate fully in the study.

1-6    2.  To carry out this study, the Attorney General shall prescribe a form

1-7  for use by law enforcement officers to record information regarding each

1-8  traffic stop. The information required on each such form must include,

1-9  without limitation:

1-10    (a) The traffic violation or infraction alleged to have been committed

1-11  that caused the driver to be stopped.

1-12    (b) The identifying characteristics of the driver who was stopped,

1-13  including, without limitation, the driver’s race, ethnicity, gender and

1-14  approximate age.

1-15    (c) A statement of whether the immigration status of the driver was

1-16  questioned, including whether immigration documents were requested by

1-17  the officer or whether an inquiry was made to the Immigration and

2-1  Naturalization Service of the United States Department of Justice with

2-2  regard to the immigration status of any person in the motor vehicle.

2-3    (d) The number of persons who were in the motor vehicle when it was

2-4  stopped.

2-5    (e) A statement of whether a search was instituted as a result of the stop,

2-6  including, without limitation, whether consent was requested for the search

2-7  or whether a particular alleged criminal behavior by the driver justified the

2-8  search.

2-9    (f) A report of any items seized during a search of the vehicle,

2-10  including, without limitation, a report of any contraband or money that was

2-11  seized.

2-12    (g) A statement of whether any warning or citation was issued as a

2-13  result of the stop.

2-14    (h) A statement of whether an arrest was made as a result of either the

2-15  stop itself or any search conducted during the stop, and the justification for

2-16  any such arrest.

2-17    3.  The Attorney General may collect reports from individual law

2-18  enforcement officers regarding traffic stops made by other law

2-19  enforcement officers and from drivers who were the subject of a traffic

2-20  stop. Any such report may be submitted anonymously, and must be kept

2-21  confidential.

2-22    4.  On or before February 1, 2003, the Attorney General shall compile

2-23  the results of the information collected pursuant to subsections 2 and 3 and

2-24  report it in statistical form. All identifying information regarding the

2-25  particular law enforcement officers who made the stops and the drivers

2-26  who were stopped must remain confidential.

2-27    5.  The Attorney General shall submit a copy of the report to the

2-28  Director of the Legislative Counsel Bureau for transmittal to the 72nd

2-29  session of the Nevada Legislature.

2-30    6.  As used in this section, “traffic stop” means any occasion when the

2-31  driver of a motor vehicle is halted by a law enforcement officer for an

2-32  alleged traffic violation or infraction, or any other purpose.

2-33    Sec. 2.  This section and section 1 of this act become effective upon

2-34  passage and approval for the purposes of the creation of the form required

2-35  pursuant to section 1 of this act, and on July 1, 2001, for all other purposes.

 

2-36  H