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--- version:As Introduced+++ version:(document, no version)@@ -1,177 +1,19 @@- A.B. 361+Committee Action:+ Do Pass __________+ Amend & Do Pass __________+ Other __________-- *AB361*--ASSEMBLY BILL NO. 361–ASSEMBLYMEMBER HUNT--MARCH 4, 2025-____________--Referred to Committee on Growth and Infrastructure--SUMMARY—Makes various changes relating to public mass-transportation. (BDR 22-1066)--FISCAL NOTE: Effect on Local Government: May have Fiscal Impact.+Senate Committee on Growth and Infrastructure+This measure may be considered for action during today’s work session.+ASSEMBLY BILL 361 (R1)+Revises provisions relating to public mass transportation. (BDR 22-1066)+Sponsored By: Assemblymember Hunt+Date Heard: April 30, 2025+Fiscal Notes: Effect on Local Government: May Have Fiscal Impact.Effect on the State: No.--CONTAINS UNFUNDED MANDATE (§ 1)-(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 transportation; requiring a regional-transportation commission in certain counties to take-certain actions to mitigate safety risks to transit operators;-authorizing a governmental entity that operates a public-mass transportation system to obtain a public-transportation trespass order under certain circumstances;-providing a penalty for the violation of such an order; and-providing other matters properly relating thereto.-Legislative Counsel’s Digest:- Existing law provides that in any county for all or part of which a streets and 1-highways plan has been adopted as a part of the master plan by the county or 2-regional planning commission, the board of county com missioners may by 3-ordinance create a regional transportation commission. A commission may perform 4-certain duties prescribed by law, such as operating a system of public transportation 5-within its area of jurisdiction and using streets, roads, highways and o ther public 6-rights-of-way for public transportation. (NRS 277A.170, 277A.270) Section 1 of 7-this bill requires a regional transportation commission in a county whose population 8-is 100,000 or more (currently Clark and Washoe Counties) to: (1) take certain 9-actions to mitigate safety risks to transit operators, including, without limitation, 10-installing and maintaining appropriate infrastructure and technology desi gned to 11-mitigate safety risks to transit operators such as the use of barriers, panic buttons 12-and other technology; and (2) install and maintain appropriate signage informing 13-the public about the criminal penalties for certain crimes committed against tran sit 14-operators or the public. 15- Existing law establishes an increased penalty for assault or battery committed 16-upon a transit operator, which is defined as a person who operates a bus or other 17-- – 2 –--- *AB361*-vehicle as part of a public mass transportation system, if the tr ansit operator is 18-performing his or her duty and the person charged knew or should have known that 19-the victim was a transit operator. (NRS 200.471, 200.481) Section 2 of this bill: (1) 20-authorizes a governmental entity that operates a public mass transportation system 21-to petition the district court for a public transportation trespass order against a 22-person who has been convicted of assault or battery against a transit operator; (2) 23-sets forth requirements for the issuance, modification and termination of such an 24-order; and (3) provides that violation of such an order is a misdemeanor. 25--THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN-SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:-- Section 1. Chapter 277A of NRS is hereby amended by 1-adding thereto a new section to read as follows: 2- 1. In a county whose population is 100,000 or more, a 3-commission shall: 4- (a) Install and maintain appropriate infrastructure and 5-technology designed to mitigate safety risks to transit operators, 6-including, without limitation, the use of: 7- (1) Barriers to restrict the unwanted entry of passengers 8-and unauthorized persons and objects into the workstation of a 9-transit operator; and 10- (2) Panic buttons and other technology designed to mitigate 11-safety risks to transit operators. 12- (b) Install and maintain appropriate signage informing the 13-public about the criminal penalties for crimes committed against 14-transit operators or the public, including, without limitation, the 15-criminal penalties for: 16- (1) Assault of a transit operator pursuant to NRS 200.471; 17- (2) Battery of a transit operator pursuant to NRS 200.481; 18-and 19- (3) Violation of a public transportation trespass order 20-pursuant to section 2 of this act. 21- 2. As used in this section, “transit operator” has the meaning 22-ascribed to it in NRS 200.471. 23- Sec. 2. Chapter 200 of NRS is hereby amended by adding 24-thereto a new section to read as follows: 25- 1. If a person is convicted of a violation of NRS 200.471 or 26-200.481 committed upon a transit operator, the governmental 27-entity operating the public mass transportation system for which 28-the transit operator was performing his or her duties may petition 29-the district court in the county in which the violation occurred 30-for the issuance of a public transportation trespass order pursuant 31-to this section. 32-- – 3 –--- *AB361*- 2. A petition for the issuance of a public transportation 1-trespass order filed pursuant to this section m ust include all of the 2-following information: 3- (a) Evidence of the conviction of the person against whom the 4-order is sought for a violation of NRS 200.471 or 200.481. 5- (b) A detailed statement of facts demonstrating that the order 6-is necessary to protect public safety and transit operations. 7- (c) The proposed duration and scope of the order, which must 8-not exceed 18 months. 9- 3. Within 30 days after a petition for the issuance of a public 10-transportation trespass order is filed pursuant to this section, the 11-court shall hold a hearing to determine whether to issue the order. 12-The person against whom the order is sought is entitled to notice 13-of the hearing and an opportunity to be heard at the hearing. 14- 4. The court may issue a public transportation trespass o rder 15-pursuant to this section if the court finds, by a preponderance of 16-the evidence, that: 17- (a) The person against whom the order is sought poses a 18-continuing threat to public safety or transit operations; and 19- (b) The order is necessary to protect public safety or to prevent 20-future disruptions to transit operations. 21- 5. A public transportation trespass order issued pursuant to 22-this section may, with respect to the person against whom the 23-order is issued, do any or all of the following: 24- (a) Prohibit the person from entering onto the property of the 25-public mass transportation system for a specified period not to 26-exceed 18 months; 27- (b) Limit the access of the person to transit services offered by 28-the public mass transportation for a specified period not to exceed 29-18 months; or 30- (c) Impose any other appropriate restrictions or prohibitions 31-on the person with respect to entering the property of the public 32-mass transportation system or using the transit services offered by 33-the public mass transportation system. 34- 6. A public transportation trespass order issued pursuant to 35-this section must be consistent with all other applicable federal, 36-state or local laws that protect civil rights and ensure public access 37-to a public mass transportation system. 38- 7. A person who is subject to a public transportation trespass 39-order issued pursuant to this section and who violates such an 40-order is guilty of a misdemeanor. 41- 8. A person against whom a public transportation trespass 42-order has been issued pursuant to this section m ay, at any time 43-after issuance of the order, file a petition with the court that issued 44-the order requesting modification or termination of the order. 45-- – 4 –--- *AB361*-Within 30 days after a petition for modification or termination of 1-an order is filed pursuant to this sec tion, the court shall hold a 2-hearing to determine whether to modify or terminate the order. 3-The governmental entity that filed the petition for the order is 4-entitled to notice of the hearing and an opportunity to be heard at 5-the hearing. If the court finds, by a preponderance of the evidence, 6-that modification or termination of the order is warranted and 7-would not jeopardize public safety or transit operations, the court 8-may modify or terminate the order. 9- 9. A governmental entity that operates a public ma ss 10-transportation system shall: 11- (a) Maintain records of any public transportation trespass 12-order issued pursuant to this section; and 13- (b) Periodically review those records to ensure proportionality 14-and fairness. 15- 10. A governmental entity that operates a public mass 16-transportation system which has obtained a public transportation 17-trespass order pursuant to this section may file a petition to 18-terminate or modify the order. Upon the filing of such a petition, 19-the court shall modify or terminate the order a s requested in the 20-petition. 21- Sec. 3. The provisions of NRS 354.599 do not apply to any 22-additional expenses of a local government that are related to the 23-provisions of this act. 24--H+ CONTAINS UNFUNDED MANDATE+Assembly Bill 361 requires a regional transportation commission in a county with a+population of 100,000 or more to install and maintain certain infrastructure and technology+to mitigate safety risks to transit operators and to install signage informing the public about+the criminal penalties for assault or battery of a transit operator.+Amendments: There were no amendments proposed for this measure.
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