[Rev. 11/21/2013 10:43:34
AM--2013]
CHAPTER 289 - PEACE OFFICERS
GENERAL PROVISIONS
NRS 289.010 Definitions.
RIGHTS OF PEACE OFFICERS
NRS 289.020 Punitive
action: Prohibited for exercise of rights under internal procedure; opportunity
for hearing; refusal to cooperate in criminal investigation punishable as
insubordination.
NRS 289.025 Confidentiality
of home address and photograph of peace officer in possession of law
enforcement agency; exceptions.
NRS 289.027 Law
enforcement agency required to adopt policies and procedures concerning service
of certain subpoenas on peace officers.
NRS 289.030 Law
enforcement agency prohibited from requiring peace officer to disclose
financial information; exception.
NRS 289.040 Law
enforcement agency prohibited from placing unfavorable comment or document in
administrative file of peace officer; exception; right to respond; provision of
copy of comment or document; right to review administrative file under certain
circumstances.
NRS 289.050 Consequences
of refusal to submit to polygraphic examination.
NRS 289.055 Establishment
and availability of written procedures for investigating complaints and
allegations of misconduct.
NRS 289.057 Investigation
of allegation of misconduct; suspension without pay; review of file by peace
officer in certain circumstances; law enforcement agency prohibited from
keeping or making record of investigation or punitive action in certain
circumstances.
NRS 289.060 Notification
and requirements for interview, interrogation or hearing relating to
investigation; prohibition against use of certain statements or answers in
subsequent criminal proceedings.
NRS 289.070 Use
of polygraphic examination in investigation.
NRS 289.080 Right
to presence and assistance of representatives at interview, interrogation or
hearing relating to investigation; confidential information; disclosure; record
of interview, interrogation or hearing; right of subject of investigation to
review and copy investigation file upon appeal.
NRS 289.085 Inadmissibility
of evidence obtained unlawfully during investigation.
NRS 289.090 Investigation
concerning alleged criminal activities.
NRS 289.095 Investigation
of motor vehicle accidents involving peace officers.
NRS 289.100 Limitations
on application of chapter.
NRS 289.110 Report
concerning improper governmental action; investigation of report; reprisal by
employer prohibited.
NRS 289.120 Judicial
relief available for aggrieved peace officer.
PERSONS POSSESSING POWERS OF PEACE OFFICERS
NRS 289.150 Sheriffs,
their deputies and correctional officers; city and town marshals, police
officers and correctional officers; court bailiffs and deputy marshals of
certain district courts; constables and their deputies.
NRS 289.155 Persons
appointed and employed by Supreme Court to provide for safety and security of
justices and employees of Supreme Court and carry out duties prescribed by
Chief Justice.
NRS 289.160 Security
officers and other persons employed or appointed by local governments under
certain circumstances.
NRS 289.170 Special
investigators employed by Attorney General; investigators employed by district
attorney.
NRS 289.175 Criminal
investigators employed by Secretary of State.
NRS 289.180 Parole
and probation officers; juvenile probation officers; alternative sentencing
officers of department of alternative sentencing; director of juvenile
services; Chief and parole officers of Youth Parole Bureau; director of
department of juvenile justice services.
NRS 289.190 School
police officers; other officers and employees of school district.
NRS 289.200 Officers
and employees of state facilities for detention of children.
NRS 289.210 Legislative
police.
NRS 289.220 Director,
officers and designated employees of Department of Corrections; certain
employees of detention facilities of metropolitan police department.
NRS 289.230 California
correctional officer.
NRS 289.240 Certain
employees of Division of Public and Behavioral Health of Department of Health
and Human Services.
NRS 289.250 Foresters
and firewardens; arson investigators.
NRS 289.260 Rangers
and employees of Division of State Parks of State Department of Conservation
and Natural Resources.
NRS 289.270 Director
and certain employees of Department of Public Safety; State Disaster
Identification Team; certain officers and employees of Department of Motor
Vehicles.
NRS 289.280 Game
wardens.
NRS 289.290 Field
agents and inspectors for State Department of Agriculture; officer appointed by
Nevada Junior Livestock Show Board.
NRS 289.300 Investigator
of Private Investigator’s Licensing Board; criminal investigator of State
Contractors’ Board.
NRS 289.310 Commissioner
of Insurance and chief deputy.
NRS 289.320 Certain
designated employees of Nevada Transportation Authority.
NRS 289.330 Railroad
police officer.
NRS 289.340 Taxicab
field investigator or airport control officer designated by Taxicab
Administrator.
NRS 289.350 Members
of police department of Nevada System of Higher Education.
NRS 289.360 Members
and agents of State Gaming Control Board; members of Nevada Gaming Commission.
ADVISORY REVIEW BOARDS
NRS 289.380 Creation
by governing body of city or county; number, appointment and qualifications of
members.
NRS 289.383 Creation
by political subdivisions upon request from metropolitan police department;
number, appointment and qualifications of members.
NRS 289.385 Limitation
on jurisdiction; abridgement of contractual or statutory rights of peace
officer prohibited.
NRS 289.387 Panel
of board: Selection of members; powers and duties; proceedings; rights of
officer investigated.
NRS 289.390 Panel
of board: Oaths; subpoenas.
CERTIFICATION
NRS 289.450 Definitions.
NRS 289.460 “Category
I peace officer” defined.
NRS 289.470 “Category
II peace officer” defined.
NRS 289.480 “Category
III peace officer” defined.
NRS 289.490 “Commission”
defined.
NRS 289.500 Peace
Officers’ Standards and Training Commission: Creation; membership; terms and
compensation of members.
NRS 289.510 Peace
Officers’ Standards and Training Commission: Powers and duties; regulations.
NRS 289.520 Executive
Director: Appointment; qualifications; classification; restrictions on other
employment; removal.
NRS 289.530 Powers
of Executive Director.
NRS 289.540 Account
for the Training of Peace Officers: Creation; administration; acceptance of
gifts, donations, bequests, grants, money or other financial assistance;
expenditures.
NRS 289.550 Persons
required to be certified by Peace Officers’ Standards and Training Commission;
period by which certification is required.
NRS 289.555 Person
convicted of felony not qualified to serve as peace officer.
NRS 289.560 Application
for certification as peace officer to include social security number.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 289.570 Submission
of statement by applicant for certification as peace officer regarding payment
of child support; grounds for denial of certification; duty of Commission.
[Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
NRS 289.580 Suspension
of certification as peace officer for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of certification. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 289.590 Training
in proper use of choke hold as condition of certification; annual training and
recertification; regulations.
NRS 289.600 Training
in dealing with crimes of stalking and aggravated stalking as condition of
certification.
MISCELLANEOUS PROVISIONS
NRS 289.800 Reimbursement
for cost to repair or replace uniform, accessories or safety equipment damaged
or destroyed in performance of duties.
NRS 289.810 Peace
officer prohibited from using choke hold; exceptions; agencies required to
adopt regulations.
NRS 289.820 Peace
officer prohibited from engaging in racial profiling; retaliatory or punitive
action prohibited against peace officer for disclosure of information
concerning racial profiling.
_________
GENERAL PROVISIONS
NRS 289.010 Definitions. As
used in this chapter, unless the context otherwise requires:
1. “Administrative file” means any file of
a peace officer containing information, comments or documents about the peace
officer. The term does not include any file relating to an investigation
conducted pursuant to NRS 289.057 or a criminal
investigation of a peace officer.
2. “Choke hold” means the holding of a
person’s neck in a manner specifically intended to restrict the flow of oxygen
or blood to the person’s lungs or brain. The term includes the arm-bar
restraint, carotid restraint and lateral vascular neck restraint.
3. “Peace officer” means any person upon
whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360,
inclusive.
4. “Punitive action” means any action
which may lead to dismissal, demotion, suspension, reduction in salary, written
reprimand or transfer of a peace officer for purposes of punishment.
(Added to NRS by 1983, 2096; A 1989, 1582; 1993, 2525; 1999, 182, 2424; 2005, 621)
RIGHTS OF PEACE OFFICERS
NRS 289.020 Punitive action: Prohibited for exercise of rights under
internal procedure; opportunity for hearing; refusal to cooperate in criminal
investigation punishable as insubordination.
1. A law enforcement agency shall not use
punitive action against a peace officer if the peace officer chooses to
exercise the peace officer’s rights under any internal administrative grievance
procedure.
2. If a peace officer is denied a
promotion on grounds other than merit or other punitive action is used against the
peace officer, a law enforcement agency shall provide the peace officer with an
opportunity for a hearing.
3. If a peace officer refuses to comply
with a request by a superior officer to cooperate with the peace officer’s own
or any other law enforcement agency in a criminal investigation, the agency may
charge the peace officer with insubordination.
(Added to NRS by 1983, 2098)
NRS 289.025 Confidentiality of home address and photograph of peace officer
in possession of law enforcement agency; exceptions.
1. Except as otherwise provided in
subsections 2 and 3 and NRS 239.0115,
the home address and any photograph of a peace officer in the possession of a
law enforcement agency are not public information and are confidential.
2. The photograph of a peace officer may
be released:
(a) If the peace officer authorizes the release;
or
(b) If the peace officer has been arrested.
3. The home address of a peace officer may
be released if a peace officer has been arrested and the home address is
included in any of the following:
(a) A report of a 911 telephone call.
(b) A police report, investigative report or
complaint which a person filed with a law enforcement agency.
(c) A statement made by a witness.
(d) A report prepared pursuant to NRS 432B.540 by an agency which provides
child welfare services, which report details a plan for the placement of a
child.
(Added to NRS by 2005, 621; A 2007, 2087, 2815)
NRS 289.027 Law enforcement agency required to adopt policies and procedures
concerning service of certain subpoenas on peace officers.
1. Each law enforcement agency shall adopt
policies and procedures that provide for the orderly and safe acceptance of service
of certain subpoenas served on a peace officer employed by the law enforcement
agency.
2. A subpoena to be served upon a peace
officer that is authorized to be served upon a law enforcement agency in
accordance with the policies and procedures adopted pursuant to subsection 1
may be served in the manner provided by those policies and procedures.
(Added to NRS by 2007, 2815)
NRS 289.030 Law enforcement agency prohibited from requiring peace officer
to disclose financial information; exception. A
law enforcement agency shall not require any peace officer to disclose the
peace officer’s assets, debts, sources of income or other financial information
or make such a disclosure a condition precedent to a promotion, job assignment
or other personnel action unless that information is necessary to:
1. Determine the peace officer’s
credentials for transfer to a specialized unit;
2. Prevent any conflict of interest which
may result in any new assignment; or
3. Determine whether the peace officer is
engaged in unlawful activity.
(Added to NRS by 1983, 2096)
NRS 289.040 Law enforcement agency prohibited from placing unfavorable comment
or document in administrative file of peace officer; exception; right to
respond; provision of copy of comment or document; right to review
administrative file under certain circumstances.
1. Except as otherwise provided in
subsection 3, a law enforcement agency shall not place any unfavorable comment
or document in any administrative file of a peace officer maintained by the law
enforcement agency unless:
(a) The peace officer has read and initialed the
comment or document; or
(b) If the peace officer refuses to initial the
comment or document, a notation to that effect is noted on or attached to the
comment or document.
2. If the peace officer submits to the law
enforcement agency a written response within 30 days after the peace officer is
asked to initial the comment or document, the peace officer’s response must be
attached to and accompany the comment or document.
3. If a peace officer is the subject of an
investigation of a complaint or allegation conducted pursuant to NRS 289.057, the law enforcement agency may place into
any administrative file relating to the peace officer only:
(a) A copy of the disposition of the allegation
of misconduct if the allegation is sustained; and
(b) A copy of the notice of or statement of
adjudication of any punitive or remedial action taken against the peace
officer.
4. A peace officer must be given a copy of
any comment or document that is placed in an administrative file of the peace
officer maintained by the law enforcement agency.
5. Upon request, a peace officer may
review any administrative file of that peace officer maintained by the law
enforcement agency that does not relate to a current investigation.
(Added to NRS by 1983, 2097; A 1991, 2213; 2005, 621)
NRS 289.050 Consequences of refusal to submit to polygraphic examination.
1. If a peace officer refuses to submit to
a polygraphic examination:
(a) No law enforcement agency may take any
disciplinary or retaliatory action against the peace officer; and
(b) No investigator may make a notation of such a
refusal in the investigator’s report or in any other manner maintain evidence
of such a refusal.
2. Evidence of any refusal by a peace
officer to submit to a polygraphic examination is not admissible at any
subsequent hearing, trial or other judicial or administrative proceeding.
(Added to NRS by 1983, 2097; A 2001, 1663)
NRS 289.055 Establishment and availability of written procedures for
investigating complaints and allegations of misconduct. Each agency in this State that employs peace
officers shall:
1. Establish written procedures for
investigating any complaint or allegation of misconduct made or filed against a
peace officer employed by the agency; and
2. Make copies of the written procedures
established pursuant to subsection 1 available to the public.
(Added to NRS by 1999, 948)
NRS 289.057 Investigation of allegation of misconduct; suspension without
pay; review of file by peace officer in certain circumstances; law enforcement agency
prohibited from keeping or making record of investigation or punitive action in
certain circumstances.
1. An investigation of a peace officer may
be conducted in response to a complaint or allegation that the peace officer
has engaged in activities which could result in punitive action.
2. Except as otherwise provided in a
collective bargaining agreement, a law enforcement agency shall not suspend a
peace officer without pay during or pursuant to an investigation conducted
pursuant to this section until all investigations relating to the matter have
concluded.
3. After the conclusion of the
investigation:
(a) If the investigation causes a law enforcement
agency to impose punitive action against the peace officer who was the subject
of the investigation and the peace officer has received notice of the
imposition of the punitive action, the peace officer or a representative
authorized by the peace officer may, except as otherwise prohibited by federal
or state law, review any administrative or investigative file maintained by the
law enforcement agency relating to the investigation, including any recordings,
notes, transcripts of interviews and documents.
(b) If, pursuant to a policy of a law enforcement
agency or a labor agreement, the record of the investigation or the imposition
of punitive action is subject to being removed from any administrative file
relating to the peace officer maintained by the law enforcement agency, the law
enforcement agency shall not, except as otherwise required by federal or state
law, keep or make a record of the investigation or the imposition of punitive
action after the record is required to be removed from the administrative file.
(Added to NRS by 2005, 620; A 2007, 422; 2011, 1750)
NRS 289.060 Notification and requirements for interview, interrogation or
hearing relating to investigation; prohibition against use of certain
statements or answers in subsequent criminal proceedings.
1. Except as otherwise provided in this
subsection, a law enforcement agency shall, not later than 48 hours before any
interrogation or hearing is held relating to an investigation conducted
pursuant to NRS 289.057, provide a written notice
to the peace officer who is the subject of the investigation. If the law
enforcement agency believes that any other peace officer has any knowledge of
any fact relating to the complaint or allegation against the peace officer who
is the subject of the investigation, the law enforcement agency shall provide a
written notice to the peace officer advising the peace officer that he or she
must appear and be interviewed as a witness in connection with the
investigation. Any peace officer who serves as a witness during an interview
must be allowed a reasonable opportunity to arrange for the presence and
assistance of a representative authorized by NRS
289.080. Any peace officer specified in this subsection may waive the
notice required pursuant to this section.
2. The notice provided to the peace
officer who is the subject of the investigation must include:
(a) A description of the nature of the
investigation;
(b) A summary of alleged misconduct of the peace
officer;
(c) The date, time and place of the interrogation
or hearing;
(d) The name and rank of the officer in charge of
the investigation and the officers who will conduct any interrogation or
hearing;
(e) The name of any other person who will be
present at any interrogation or hearing; and
(f) A statement setting forth the provisions of
subsection 1 of NRS 289.080.
3. The law enforcement agency shall:
(a) Interview or interrogate the peace officer
during the peace officer’s regular working hours, if reasonably practicable, or
revise the peace officer’s work schedule to allow any time that is required for
the interview or interrogation to be deemed a part of the peace officer’s
regular working hours. Any such time must be calculated based on the peace
officer’s regular wages for his or her regularly scheduled working hours. If
the peace officer is not interviewed or interrogated during his or her regular
working hours or if his or her work schedule is not revised pursuant to this
paragraph and the law enforcement agency notifies the peace officer to appear
at a time when he or she is off duty, the peace officer must be compensated for
appearing at the interview or interrogation based on the wages and any other
benefits the peace officer is entitled to receive for appearing at the time set
forth in the notice.
(b) Immediately before any interrogation or
hearing begins, inform the peace officer who is the subject of the
investigation orally on the record that:
(1) The peace officer is required to
provide a statement and answer questions related to the peace officer’s alleged
misconduct; and
(2) If the peace officer fails to provide
such a statement or to answer any such questions, the agency may charge the
peace officer with insubordination.
(c) Limit the scope of the questions during the
interrogation or hearing to the alleged misconduct of the peace officer who is
the subject of the investigation. If any evidence is discovered during the
course of an investigation or hearing which establishes or may establish any
other possible misconduct engaged in by the peace officer, the law enforcement
agency shall notify the peace officer of that fact and shall not conduct any
further interrogation of the peace officer concerning the possible misconduct
until a subsequent notice of that evidence and possible misconduct is provided
to the peace officer pursuant to this chapter.
(d) Allow the peace officer who is the subject of
the investigation or who is a witness in the investigation to explain an answer
or refute a negative implication which results from questioning during an
interview, interrogation or hearing.
4. If a peace officer provides a statement
or answers a question relating to the alleged misconduct of a peace officer who
is the subject of an investigation pursuant to NRS
289.057 after the peace officer is informed that failing to provide the
statement or answer may result in punitive action against him or her, the
statement or answer must not be used against the peace officer who provided the
statement or answer in any subsequent criminal proceeding.
(Added to NRS by 1983, 2097; A 1993, 2379; 2005, 622; 2011, 1750)
NRS 289.070 Use of polygraphic examination in investigation.
1. During an investigation conducted
pursuant to NRS 289.057, the peace officer against
whom the allegation is made may, but is not required to, submit to a
polygraphic examination concerning such activities.
2. A person who makes an allegation
against a peace officer pursuant to NRS 289.057 may
not be required to submit to a polygraphic examination as a condition to the
investigation of the person’s allegation, but may request or agree to be given
a polygraphic examination. If such a person requests or agrees to be given a
polygraphic examination, such an examination must be given.
3. If a polygraphic examination is given
to a peace officer pursuant to this section, a sound or video recording must be
made of the polygraphic examination, the preliminary interview and the
postexamination interview. Before the opinion of the polygraphic examiner
regarding the peace officer’s veracity may be considered in a disciplinary
action, all records, documents and recordings resulting from the polygraphic
examination must be made available for review by one or more polygraphic
examiners licensed or qualified to be licensed in this State who are acceptable
to the law enforcement agency and to the officer. If the opinion of a reviewing
polygraphic examiner does not agree with the initial polygraphic examiner’s
opinion, the peace officer must be allowed to be reexamined by a polygraphic
examiner of the peace officer’s choice who is licensed or qualified to be
licensed in this State.
4. The opinion of a polygraphic examiner
regarding the peace officer’s veracity may not be considered in a disciplinary
action unless the polygraphic examination was conducted in a manner which
complies with the provisions of chapter 648
of NRS. In any event, the law enforcement agency shall not use a polygraphic examiner’s
opinion regarding the veracity of the peace officer as the sole basis for
disciplinary action against the peace officer.
(Added to NRS by 1983, 2097; A 1989, 1582; 2001, 1663; 2005, 622)
NRS 289.080 Right to presence and assistance of representatives at
interview, interrogation or hearing relating to investigation; confidential
information; disclosure; record of interview, interrogation or hearing; right
of subject of investigation to review and copy investigation file upon appeal.
1. Except as otherwise provided in
subsection 4, a peace officer who is the subject of an investigation conducted
pursuant to NRS 289.057 may upon request have two
representatives of the peace officer’s choosing present with the peace officer
during any phase of an interrogation or hearing relating to the investigation,
including, without limitation, a lawyer, a representative of a labor union or another
peace officer.
2. Except as otherwise provided in
subsection 4, a peace officer who is a witness in an investigation conducted
pursuant to NRS 289.057 may upon request have two
representatives of the peace officer’s choosing present with the peace officer
during an interview relating to the investigation, including, without
limitation, a lawyer, a representative of a labor union or another peace
officer. The presence of the second representative must not create an undue
delay in either the scheduling or conducting of the interview.
3. A representative of a peace officer
must assist the peace officer during the interview, interrogation or hearing.
The law enforcement agency conducting the interview, interrogation or hearing
shall allow a representative of the peace officer to explain an answer provided
by the peace officer or refute a negative implication which results from
questioning of the peace officer but may require such explanation to be
provided after the agency has concluded its initial questioning of the peace
officer.
4. A representative must not otherwise be
connected to, or the subject of, the same investigation.
5. Any information that a representative
obtains from the peace officer who is a witness concerning the investigation is
confidential and must not be disclosed.
6. Any information that a representative
obtains from the peace officer who is the subject of the investigation is
confidential and must not be disclosed except upon the:
(a) Request of the peace officer; or
(b) Lawful order of a court of competent jurisdiction.
Ê A law
enforcement agency shall not take punitive action against a representative for
the representative’s failure or refusal to disclose such information.
7. The peace officer, any representative
of the peace officer or the law enforcement agency may make a stenographic,
digital or magnetic record of the interview, interrogation or hearing. If the
agency records the proceedings, the agency shall at the peace officer’s request
and expense provide a copy of the:
(a) Stenographic transcript of the proceedings;
or
(b) Recording on the digital or magnetic tape.
8. After the conclusion of the
investigation, the peace officer who was the subject of the investigation or
any representative of the peace officer may, if the peace officer appeals a recommendation
to impose punitive action, review and copy the entire file concerning the
internal investigation, including, without limitation, any recordings, notes,
transcripts of interviews and documents contained in the file.
(Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380; 2005, 623; 2011, 1752)
NRS 289.085 Inadmissibility of evidence obtained unlawfully during
investigation. If an arbitrator or
court determines that evidence was obtained during an investigation of a peace
officer concerning conduct that could result in punitive action in a manner
which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidence may be
prejudicial to the peace officer, such evidence is inadmissible and the
arbitrator or court shall exclude such evidence during any administrative
proceeding commenced or civil action filed against the peace officer.
(Added to NRS by 2005, 621)
NRS 289.090 Investigation concerning alleged criminal activities. The provisions of NRS
289.057, 289.060, 289.070
and 289.080 do not apply to any investigation which
concerns alleged criminal activities.
(Added to NRS by 1983, 2098; A 2005, 624)
NRS 289.095 Investigation of motor vehicle accidents involving peace
officers.
1. In a county whose population is 100,000
or more, each law enforcement agency shall adopt policies and procedures to
govern the investigation of motor vehicle accidents in which a peace officer
employed by the law enforcement agency is involved. The policies and procedures
must include, without limitation, a requirement that if such a motor vehicle
accident results in a fatal injury to any person, the motor vehicle accident
must be investigated by a law enforcement agency other than the law enforcement
agency that employs the peace officer involved in the accident unless:
(a) Another law enforcement agency does not have
comparable equipment and personnel to investigate the accident at least as
effectively as the law enforcement agency that employs the peace officer
involved in the motor vehicle accident;
(b) Another law enforcement agency is unavailable
to investigate the motor vehicle accident; or
(c) Investigation of the motor vehicle accident
by another law enforcement agency would delay the initiation of the
investigation such that the integrity of the accident scene and preservation
and collection of evidence may be jeopardized by such a delay.
2. This section does not prohibit a law
enforcement agency in a county whose population is 100,000 or more from
entering into agreements for cooperation with agencies in other jurisdictions
for the investigation of motor vehicle accidents in which a peace officer of
the law enforcement agency is involved.
(Added to NRS by 2013, 615)
NRS 289.100 Limitations on application of chapter.
1. This chapter does not prohibit any
agreements for cooperation between the law enforcement agency and agencies in
other jurisdictions.
2. This chapter does not affect any
procedures which have been adopted by the law enforcement agency if those
procedures provide the same or greater rights than provided for in this
chapter.
(Added to NRS by 1983, 2098)
NRS 289.110 Report concerning improper governmental action; investigation of
report; reprisal by employer prohibited.
1. A peace officer may disclose
information regarding improper governmental action by filing a report with:
(a) The district attorney of the county in which
the improper governmental action occurred; or
(b) The Attorney General if the district attorney
referred to in paragraph (a) is involved in the improper governmental action.
2. Upon the filing of a report pursuant to
subsection 1, the district attorney or Attorney General may investigate the
report and determine whether improper governmental action did occur. Upon the
completion of the investigation the district attorney or Attorney General:
(a) If the district attorney or Attorney General
determines that improper governmental action did occur, may prosecute the
violation. The Attorney General may prosecute such a violation if the district
attorney fails or refuses so to act.
(b) Shall notify the peace officer who filed the
report of the results of the investigation.
3. The employer of a peace officer shall
not take any reprisal or retaliatory action against a peace officer who in good
faith files a report pursuant to subsection 1.
4. Nothing in this section authorizes a
person to disclose information if disclosure is otherwise prohibited by law.
5. This section does not apply to a peace
officer who is employed by the State.
6. As used in this section, “improper
governmental action” means any action taken by an officer or employee of a law
enforcement agency, while in the performance of the officer’s or employee’s
official duties which is in violation of any state law or regulation.
(Added to NRS by 1991, 2212)
NRS 289.120 Judicial relief available for aggrieved peace officer. Any peace officer aggrieved by an action of
the employer of the peace officer in violation of this chapter may, after
exhausting any applicable internal grievance procedures, grievance procedures
negotiated pursuant to chapter 288 of NRS and
other administrative remedies, apply to the district court for judicial relief.
If the court determines that the employer has violated a provision of this
chapter, the court shall order appropriate injunctive or other extraordinary
relief to prevent the further occurrence of the violation and the taking of any
reprisal or retaliatory action by the employer against the peace officer.
(Added to NRS by 1991, 2213)
PERSONS POSSESSING POWERS OF PEACE OFFICERS
NRS 289.150 Sheriffs, their deputies and correctional officers; city and
town marshals, police officers and correctional officers; court bailiffs and
deputy marshals of certain district courts; constables and their deputies. The following persons have the powers of a
peace officer:
1. Sheriffs of counties and of
metropolitan police departments, their deputies and correctional officers.
2. Marshals, police officers and
correctional officers of cities and towns.
3. The bailiff of the Supreme Court.
4. The bailiffs and deputy marshals of the
district courts, justice courts and municipal courts whose duties require them
to carry weapons and make arrests.
5. Constables and their deputies whose
official duties require them to carry weapons and make arrests.
(Added to NRS by 1993, 2520; A 2007, 2191)
NRS 289.155 Persons appointed and employed by Supreme Court to provide for
safety and security of justices and employees of Supreme Court and carry out
duties prescribed by Chief Justice. Any
person appointed and employed by the Supreme Court pursuant to NRS 2.295 has the powers of a peace
officer pursuant to NRS 289.460 when the person is
carrying out duties prescribed by the Chief Justice.
(Added to NRS by 2011, 79)
NRS 289.160 Security officers and other persons employed or appointed by
local governments under certain circumstances.
1. A security officer employed:
(a) Pursuant to NRS 244.167 by a board of county
commissioners; or
(b) Pursuant to NRS 266.323 by the governing body of a
city,
Ê has the
powers of a peace officer when the security officer is carrying out duties
prescribed by ordinance.
2. A person appointed pursuant to
subsection 1 of NRS 269.235 by a town
board or board of county commissioners has the powers of a peace officer.
3. Police officers and special police
officers appointed pursuant to subsection 5 of NRS 269.240 have, within the limits of the
unincorporated town, the powers of making arrests which are exercised by a
peace officer according to the laws of this State.
(Added to NRS by 1993, 2520)
NRS 289.170 Special investigators employed by Attorney General;
investigators employed by district attorney. Special
investigators employed by the Attorney General and investigators employed by a
district attorney have the powers of a peace officer.
(Added to NRS by 1993, 2520)
NRS 289.175 Criminal investigators employed by Secretary of State. Criminal investigators employed by the
Secretary of State have the powers of a peace officer.
(Added to NRS by 1999, 182)
NRS 289.180 Parole and probation officers; juvenile probation officers;
alternative sentencing officers of department of alternative sentencing;
director of juvenile services; Chief and parole officers of Youth Parole
Bureau; director of department of juvenile justice services.
1. The following persons have the powers
of a peace officer:
(a) The Chief Parole and Probation Officer
appointed pursuant to NRS 213.1092;
(b) Assistant parole and probation officers appointed
pursuant to NRS 213.1095;
(c) The chief of a department of alternative
sentencing established pursuant to NRS
211A.080; and
(d) Assistant alternative sentencing officers of
a department of alternative sentencing.
2. A juvenile probation officer or
assistant juvenile probation officer whose official duties require such officer
to enforce court orders on juvenile offenders and make arrests has the same
powers as a peace officer when performing duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to
arrest an adult criminal offender encountered while in the performance of those
duties.
3. A director of juvenile services has the
powers of a peace officer in the director’s judicial district when performing
duties pursuant to title 5 of NRS or chapter
432B of NRS, including the power to arrest an adult criminal offender
encountered while in the performance of those duties.
4. The Chief of the Youth Parole Bureau of
the Division of Child and Family Services in the Department of Health and Human
Services and the parole officers of the Bureau have the powers of a peace
officer in carrying out the functions of the Bureau.
5. A director of a department of juvenile
justice services established by ordinance pursuant to NRS 62G.210 has the powers of a peace
officer in the county when carrying out duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to
arrest an adult criminal offender encountered while carrying out those duties.
(Added to NRS by 1993, 2520; A 1995, 703, 873; 1997, 1480; 2003, 1133)
NRS 289.190 School police officers; other officers and employees of school
district.
1. A person employed or appointed to serve
as a school police officer pursuant to subsection 8 of NRS 391.100 has the powers of a peace
officer. A school police officer shall perform the officer’s duties in
compliance with the provisions of NRS
171.1223.
2. A person appointed pursuant to NRS 393.0718 by the board of trustees of
any school district has the powers of a peace officer to carry out the intents
and purposes of NRS 393.071 to 393.0719, inclusive.
3. Members of every board of trustees of a
school district, superintendents of schools, principals and teachers have
concurrent power with peace officers for the protection of children in school
and on the way to and from school, and for the enforcement of order and
discipline among such children, including children who attend school within one
school district but reside in an adjoining school district or adjoining state,
pursuant to the provisions of chapter 392 of
NRS. This subsection must not be construed so as to make it the duty of
superintendents of schools, principals and teachers to supervise the conduct of
children while not on the school property.
(Added to NRS by 1993, 2521; A 2001, 1870, 2484; 2003, 102)
NRS 289.200 Officers and employees of state facilities for detention of
children. Officers and employees
of the Nevada Youth Training Center, the Caliente Youth Center and any other
state facility for the detention of children that is operated pursuant to title
5 of NRS have the powers of a peace officer so far as necessary to arrest
children who have escaped from that facility.
(Added to NRS by 1993, 2521; A 2003, 1133)
NRS 289.210 Legislative police. A
legislative police officer of the State of Nevada has the powers of a peace
officer when carrying out duties prescribed by the Legislative Commission.
(Added to NRS by 1993, 2521; A 1995, 703, 2306)
NRS 289.220 Director, officers and designated employees of Department of
Corrections; certain employees of detention facilities of metropolitan police
department.
1. The Director of the Department of
Corrections, the Inspector General of the Department, a person employed by the
Department as a criminal investigator and any officer or employee of the
Department so designated by the Director have the powers of a peace officer
when performing duties prescribed by the Director. For the purposes of this
subsection, the duties which may be prescribed by the Director include, but are
not limited to, pursuit and return of escaped offenders, transportation and
escort of offenders and the general exercise of control over offenders within
or outside the confines of the institutions and facilities of the Department.
2. A person appointed pursuant to NRS 211.115 to administer detention
facilities or a jail, and his or her subordinate jailers, corrections officers
and other employees whose duties involve law enforcement have the powers of a
peace officer.
(Added to NRS by 1993, 2521; A 2001
Special Session, 235; 2009, 637)
NRS 289.230 California correctional officer. When,
pursuant to California law, a California correctional officer has in the
officer’s custody in Nevada a prisoner of the State of California, the
correctional officer may maintain custody of the prisoner in Nevada and retake
the prisoner if the prisoner should escape in Nevada, to the same extent as if
the correctional officer were a peace officer appointed under Nevada law and
the prisoner had been committed to the officer’s custody in proceedings under
Nevada law.
(Added to NRS by 1993, 2522)
NRS 289.240 Certain employees of Division of Public and Behavioral Health of
Department of Health and Human Services. Forensic
technicians and correctional officers employed by the Division of Public and
Behavioral Health of the Department of Health and Human Services at facilities
for offenders with mental disorders have the powers of peace officers when
performing duties prescribed by the Administrator of the Division.
(Added to NRS by 1993, 843; A 1999, 113)
NRS 289.250 Foresters and firewardens; arson investigators.
1. The following persons have only those
powers of a peace officer necessary to enforce the provisions of the laws of
this State respecting forest and watershed management or the protection of forests
and other lands from fire:
(a) Paid foresters and firewardens appointed
pursuant to paragraph (a) of subsection 2 of NRS
472.040.
(b) Citizen-wardens appointed pursuant to
paragraph (b) of subsection 2 of NRS
472.040.
(c) Voluntary firewardens appointed pursuant to
paragraph (c) of subsection 2 of NRS 472.040.
2. A paid forester or firewarden appointed
as an arson investigator pursuant to paragraph (d) of subsection 2 of NRS 472.040 has the powers of a peace
officer.
3. An arson investigator designated as a
peace officer pursuant to:
(a) Paragraph (c) of subsection 1 of NRS 244.2961; or
(b) Subsection 3 of NRS 266.310,
Ê has the
powers of a peace officer.
(Added to NRS by 1993, 2522; A 2011, 723)
NRS 289.260 Rangers and employees of Division of State Parks of State
Department of Conservation and Natural Resources.
1. Rangers and employees of the Division
of State Parks of the State Department of Conservation and Natural Resources
have, at the discretion of the Administrator of the Division, the same power to
make arrests as any other peace officer for violations of law committed inside
the boundaries of state parks or real property controlled or administered by
the Division.
2. An employee of the Division of State
Parks of the State Department of Conservation and Natural Resources appointed
or designated pursuant to paragraph (b) of subsection 1 of NRS 407.065 has the powers of a peace
officer.
(Added to NRS by 1993, 2522; A 1999, 979)
NRS 289.270 Director and certain employees of Department of Public Safety;
State Disaster Identification Team; certain officers and employees of
Department of Motor Vehicles.
1. The following persons have the powers
of a peace officer:
(a) The Director of the Department of Public
Safety.
(b) The chiefs of the divisions of the Department
of Public Safety.
(c) The deputy directors of the Department of
Public Safety employed pursuant to NRS
480.120.
(d) The personnel of the Department of Public
Safety assigned in a sworn position to any division of the Department whose
principal duty is to enforce one or more laws of this State, and any person
promoted from such a duty to a supervisory position related to such a duty.
(e) Members of the State Disaster Identification
Team of the Division of Emergency Management of the Department of Public Safety
who are, pursuant to NRS 414.270,
activated by the Chief of the Division to perform the duties of the State
Disaster Identification Team have the powers of peace officers in carrying out
those duties.
2. Administrators and investigators of the
Division of Compliance Enforcement of the Department of Motor Vehicles have the
powers of a peace officer to enforce any law of the State of Nevada in carrying
out their duties pursuant to NRS 481.048.
3. Officers and investigators of the
Section for the Control of Emissions From Vehicles and the Enforcement of
Matters Related to the Use of Special Fuel of the Department of Motor Vehicles,
appointed pursuant to NRS 481.0481,
have the powers of peace officers in carrying out their duties under that
section.
(Added to NRS by 1993, 2522; A 1995, 2306; 1997, 3263; 1999, 1255, 3128, 3591, 3595; 2001, 2593; 2003, 2525; 2005, 673; 2011, 724)
NRS 289.280 Game wardens. A
person designated as a game warden pursuant to NRS 501.349 is a peace officer for the
purposes of:
1. The service of such legal process,
including warrants and subpoenas, as may be required in the enforcement of
title 45 of NRS and chapter 488 of NRS.
2. The enforcement of all laws of the
State of Nevada while they are performing their duties pursuant to title 45 of
NRS and chapter 488 of NRS.
(Added to NRS by 1993, 2523)
NRS 289.290 Field agents and inspectors for State Department of Agriculture;
officer appointed by Nevada Junior Livestock Show Board.
1. A person designated by the Director of
the State Department of Agriculture as a field agent or an inspector pursuant
to subsection 2 of NRS 561.225 has the
powers of a peace officer to make investigations and arrests and to execute
warrants of search and seizure, and may temporarily stop a vehicle in the
enforcement of the provisions of titles 49 and 50 of NRS and chapters 581, 582,
583, 584, 586, 587, 588 and 590 of
NRS.
2. An officer appointed by the Nevada
Junior Livestock Show Board pursuant to NRS
563.120 has the powers of a peace officer for the preservation of order and
peace on the grounds and in the buildings and the approaches thereto of the
livestock shows and exhibitions that the Board conducts.
3. In carrying out the provisions of chapter 565 of NRS, an inspector of the State
Department of Agriculture has the powers of a peace officer to make
investigations and arrests and to execute warrants of search and seizure.
(Added to NRS by 1993, 2523; A 1995, 703; 1999, 3621; 2001, 1728; 2003, 2166; 2005, 1104; 2013, 1800)
NRS 289.300 Investigator of Private Investigator’s Licensing Board; criminal
investigator of State Contractors’ Board.
1. A person employed as an investigator by
the Private Investigator’s Licensing Board pursuant to NRS 648.025 has the powers of a peace
officer.
2. A person employed as a criminal
investigator by the State Contractors’ Board pursuant to NRS 624.112 has the powers of a peace
officer to carry out the person’s duties pursuant to subsection 2 of NRS 624.115.
(Added to NRS by 1993, 2523; A 1995, 304; 1999, 2967; 2003, 1905)
NRS 289.310 Commissioner of Insurance and chief deputy. The Commissioner of Insurance and the chief
deputy of the Commissioner of Insurance are peace officers for the limited
purposes of obtaining and exchanging information on applicants and licensees
under title 57 of NRS.
(Added to NRS by 1993, 2523)
NRS 289.320 Certain designated employees of Nevada Transportation Authority. An employee of the Nevada Transportation
Authority whom it designates as an inspector is a peace officer and has police
power for the enforcement of the provisions of:
1. Chapters
706 and 712 of NRS and all regulations of
the Nevada Transportation Authority or the Department of Motor Vehicles
pertaining thereto; and
2. Chapter
482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of
carrying out the provisions of chapter 706 of
NRS.
(Added to NRS by 1993, 2523; A 1997, 1987; 2001, 2594; 2007, 2052)
NRS 289.330 Railroad police officer. A
person commissioned and appointed to serve as a railroad police officer
pursuant to subsection 1 of NRS 705.220
has the powers of a peace officer upon the premises or property owned or
operated by the railroad company which employs the railroad police officer.
(Added to NRS by 1993, 2523)
NRS 289.340 Taxicab field investigator or airport control officer designated
by Taxicab Administrator. An
employee designated by the Taxicab Administrator as:
1. A taxicab field investigator is a peace
officer.
2. An airport control officer is a peace
officer only when on duty at the airport.
(Added to NRS by 1993, 2524)
NRS 289.350 Members of police department of Nevada System of Higher
Education.
1. A person employed and compensated as a
member of the police department of the Nevada System of Higher Education, when
appointed pursuant to subsection 1 of NRS
396.325 and duly sworn, is a peace officer, but may exercise the officer’s
power or authority only:
(a) Upon the campuses of the Nevada System of
Higher Education, including that area to the center line of public streets
adjacent to a campus;
(b) When in hot pursuit of a violator leaving
such a campus or area;
(c) In or about other grounds or properties of
the Nevada System of Higher Education; or
(d) Except as limited by subsection 2, in
accordance with interlocal agreements entered into with other law enforcement
agencies.
2. An interlocal agreement between the
police department for the Nevada System of Higher Education and other law
enforcement agencies may allow a peace officer of the police department of the
Nevada System of Higher Education to exercise the officer’s power or authority:
(a) On any public street that is adjacent to
property owned by the Nevada System of Higher Education.
(b) On any property that is consistently used by
an organization whose recognition by the Nevada System of Higher Education is a
necessary condition for its continued operation.
(c) On any property that is rented or leased by
the Nevada System of Higher Education for an event that is approved by the
Nevada System of Higher Education.
(d) For mutual assistance specifically agreed
upon with the other law enforcement agencies that are parties to the interlocal
agreement.
(Added to NRS by 1993, 2524)
NRS 289.360 Members and agents of State Gaming Control Board; members of
Nevada Gaming Commission.
1. For the purpose of the administration and
enforcement of the provisions of chapter 205
of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463,
463B, 464
or 465 of NRS, the members of the State
Gaming Control Board and the Nevada Gaming Commission and those agents of the
Board whose duties include the enforcement, or the investigation of suspected
violations, of statutes or regulations, have the powers of a peace officer.
2. An agent of the State Gaming Control
Board whose duties include the enforcement, or the investigation of suspected
violations, of statutes or regulations, and who has been certified by the Peace
Officers’ Standards and Training Commission, also has the powers of a peace
officer when, during the performance of those duties:
(a) A felony, gross misdemeanor or misdemeanor is
committed or attempted in the agent’s presence; or
(b) The agent is given reasonable cause to
believe that a person has committed a felony or gross misdemeanor outside of
the agent’s presence.
3. For the purpose of protecting members
of the State Gaming Control Board and of the Nevada Gaming Commission and their
families and property, and providing security at meetings of the Board and of
the Commission, an agent of the Board whose duties include the enforcement of
statutes or regulations has the powers of a peace officer.
(Added to NRS by 1993, 2524; A 1999, 2425)
ADVISORY REVIEW BOARDS
NRS 289.380 Creation by governing body of city or county; number,
appointment and qualifications of members.
1. Except as otherwise provided in NRS 289.383, the governing body of a city or county
may create a review board by ordinance to advise the governing body on issues
concerning peace officers, school police officers, constables and deputies of
constables within the city or county.
2. A review board created pursuant to
subsection 1 must consist of:
(a) In a city whose population is 220,000 or more
or a county whose population is 100,000 or more, 25 members; and
(b) In a city whose population is less than
220,000 or a county whose population is less than 100,000, 12 members.
3. Such a review board must be appointed
by the governing body from a list of names submitted by interested persons. If
an insufficient number of names of interested persons is submitted, the
governing body shall appoint the remaining members in the manner it deems
appropriate.
4. A person appointed to the review board
must:
(a) Be a resident of the city or county for which
the review board was created, except no member of the review board may be
currently employed as a peace officer, school police officer, constable or deputy
of a constable.
(b) Complete training relating to law enforcement
before serving as a member of the review board, including, without limitation,
training in the policies and procedures of law enforcement agencies, police of
school districts and offices of constables, the provisions of NRS 289.010 to 289.120,
inclusive, and the employment contracts of the peace officers, school police
officers, constables or deputies of constables.
(Added to NRS by 1997, 2515; A 2001, 1974; 2005, 624; 2011, 1207)
NRS 289.383 Creation by political subdivisions upon request from
metropolitan police department; number, appointment and qualifications of
members.
1. If a metropolitan police department has
been formed pursuant to NRS 280.110,
the metropolitan police committee on fiscal affairs may request the
participating political subdivisions to create a review board to advise the
committee on issues concerning peace officers employed by the metropolitan
police department. The participating subdivisions may jointly create such a
review board by mutual ordinances.
2. A review board created pursuant to
subsection 1 must consist of 25 members, appointed from a list of names
submitted by interested persons. The members of the metropolitan police
committee on fiscal affairs who are representatives of the county shall appoint
13 members of the review board, and the members of the metropolitan police
committee on fiscal affairs who are representatives of each participating city
within the county shall appoint an equal number of the remaining 12 members. If
an insufficient number of names of interested persons are submitted, the
members of the metropolitan police committee on fiscal affairs shall appoint
the remaining members in the manner they deem appropriate.
3. A person appointed to the review board must:
(a) Be a resident within the jurisdiction of the
participating subdivisions for which the review board was created, except no
member of the review board may be currently employed as a peace officer.
(b) Complete training relating to law enforcement
before serving as a member of the review board, including, without limitation,
training in the policies and procedures of law enforcement agencies, the
provisions of NRS 289.010 to 289.120,
inclusive, and the employment contracts of the peace officers.
(Added to NRS by 1997, 2516; A 2005, 624)
NRS 289.385 Limitation on jurisdiction; abridgement of contractual or
statutory rights of peace officer prohibited. A
review board created pursuant to NRS 289.380 or 289.383:
1. Does not have jurisdiction over any
matter in which it is alleged that a crime has been committed.
2. Shall not abridge the rights of a peace
officer, school police officer, constable or deputy of a constable that are
granted pursuant to a collective bargaining agreement, a contract or any
federal or state statute or regulation.
(Added to NRS by 1997, 2516)
NRS 289.387 Panel of board: Selection of members; powers and duties;
proceedings; rights of officer investigated.
1. A review board that is created pursuant
to paragraph (a) of subsection 2 of NRS 289.380 or
pursuant to NRS 289.383 must meet in panels of five
members to carry out its duties.
2. A review board that is created pursuant
to paragraph (b) of subsection 2 of NRS 289.380
must meet in panels of three members to carry out its duties.
3. Members must be selected randomly to
serve on a panel, and the panel shall select one of its members to serve as
chair of the panel.
4. A panel of a review board created
pursuant to NRS 289.380 or 289.383
may:
(a) Refer a complaint against a peace officer, school
police officer, constable or deputy of a constable to the employer of the peace
officer, school police officer, constable or deputy of a constable.
(b) Review an internal investigation of a peace
officer, school police officer, constable or deputy of a constable within the
jurisdiction of the governing body that created the review board and make
recommendations regarding any disciplinary action against the peace officer,
school police officer, constable or deputy of a constable that is recommended by
his or her employer, including, without limitation:
(1) Increasing or decreasing the
recommended level of discipline; and
(2) Exonerating the peace officer, school
police officer, constable or deputy of a constable who has been the subject of
the internal investigation.
5. The employer of a peace officer, school
police officer, constable or deputy of a constable shall make available to a
panel of the review board any personnel file or other material necessary for
the panel to conduct a review.
6. When reviewing an internal
investigation of a peace officer, school police officer, constable or deputy of
a constable pursuant to subsection 4, the panel shall provide the peace
officer, school police officer, constable or deputy of a constable with notice
and an opportunity to be heard. The peace officer, school police officer,
constable or deputy of a constable may represent himself or herself at the
hearing before the panel or be represented by an attorney or other person of
his or her own choosing. The review board, governing body and employer of the
peace officer, school police officer, constable or deputy of a constable are
not responsible for providing such representation.
7. The chair of a panel of a review board
shall report the findings and recommendation of the panel regarding
disciplinary action to the employer of the peace officer, school police
officer, constable or deputy of a constable.
8. A police officer, school police
officer, constable or deputy of a constable may appeal a recommendation made by
a panel of the review board. The ordinance pursuant to which the review board
is created must specify the manner for conducting appeals, and may provide for,
if both parties agree, without limitation, mediation, conciliation or review by
another panel of randomly selected members of the review board. If the appeal
is heard by another panel of the review board, the determination made by the
panel hearing the appeal is final and binding and is not subject to judicial
review.
9. The findings and recommendation of a
panel of the review board are public records unless otherwise declared
confidential by state or federal law.
10. A proceeding of a panel of such a
review board is closed to the public.
(Added to NRS by 1997, 2516)
NRS 289.390 Panel of board: Oaths; subpoenas.
1. A panel of a review board that is
created pursuant to NRS 289.380 or 289.383 may:
(a) Administer oaths;
(b) Take testimony;
(c) Within the scope of its jurisdiction, issue
subpoenas to compel the attendance of witnesses to testify before the panel;
(d) Require the production of books, papers and
documents; and
(e) Issue commissions to take testimony.
2. If a witness refuses to attend or
testify or produce books, papers or documents as required by the subpoena, the
panel may petition the district court to order the witness to appear or testify
or produce the requested books, papers or documents.
(Added to NRS by 1997, 2517)
CERTIFICATION
NRS 289.450 Definitions. As
used in NRS 289.450 to 289.600,
inclusive, unless the context otherwise requires, the words and terms defined
in NRS 289.460 to 289.490,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 1999, 2419; A 2003, 2697)
NRS 289.460 “Category I peace officer” defined. “Category
I peace officer” means a peace officer who has unrestricted duties and who is
not otherwise listed as a category II or category III peace officer.
(Added to NRS by 1999, 2419)
NRS 289.470 “Category II peace officer” defined. “Category
II peace officer” means:
1. The bailiffs of the district courts,
justice courts and municipal courts whose duties require them to carry weapons
and make arrests;
2. Constables and their deputies whose
official duties require them to carry weapons and make arrests;
3. Inspectors employed by the Nevada
Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712
of NRS;
4. Special investigators who are employed
full-time by the office of any district attorney or the Attorney General;
5. Investigators of arson for fire
departments who are specially designated by the appointing authority;
6. The brand inspectors of the State
Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;
7. The field agents and inspectors of the
State Department of Agriculture who exercise the powers of enforcement
conferred by NRS 561.225;
8. Investigators for the State Forester
Firewarden who are specially designated by the State Forester Firewarden and
whose primary duties are related to the investigation of arson;
9. School police officers employed by the
board of trustees of any county school district;
10. Agents of the State Gaming Control
Board who exercise the powers of enforcement specified in NRS 289.360, 463.140
or 463.1405, except those agents whose
duties relate primarily to auditing, accounting, the collection of taxes or
license fees, or the investigation of applicants for licenses;
11. Investigators and administrators of
the Division of Compliance Enforcement of the Department of Motor Vehicles who
perform the duties specified in subsection 2 of NRS 481.048;
12. Officers and investigators of the
Section for the Control of Emissions From Vehicles and the Enforcement of
Matters Related to the Use of Special Fuel of the Department of Motor Vehicles
who perform the duties specified in subsection 3 of NRS 481.0481;
13. Legislative police officers of the
State of Nevada;
14. Parole counselors of the Division of
Child and Family Services of the Department of Health and Human Services;
15. Juvenile probation officers and deputy
juvenile probation officers employed by the various judicial districts in the
State of Nevada or by a department of juvenile justice services established by
ordinance pursuant to NRS 62G.210
whose official duties require them to enforce court orders on juvenile
offenders and make arrests;
16. Field investigators of the Taxicab
Authority;
17. Security officers employed full-time
by a city or county whose official duties require them to carry weapons and
make arrests;
18. The chief of a department of
alternative sentencing created pursuant to NRS
211A.080 and the assistant alternative sentencing officers employed by that
department;
19. Criminal investigators who are employed
by the Secretary of State; and
20. The Inspector General of the
Department of Corrections and any person employed by the Department as a
criminal investigator.
(Added to NRS by 1999, 2419; A 2001, 1729, 2594; 2003, 180, 1133, 2526; 2009, 637; 2011, 79, 724)
NRS 289.480 “Category III peace officer” defined. “Category
III peace officer” means a peace officer whose authority is limited to
correctional services, including the superintendents and correctional officers
of the Department of Corrections. The term does not include a person described
in subsection 20 of NRS 289.470.
(Added to NRS by 1999, 2421; A 2001
Special Session, 236; 2009, 639; 2011, 80, 725)
NRS 289.490 “Commission” defined. “Commission”
means the Peace Officers’ Standards and Training Commission.
(Added to NRS by 1999, 2421)
NRS 289.500 Peace Officers’ Standards and Training Commission: Creation;
membership; terms and compensation of members.
1. The Peace Officers’ Standards and
Training Commission, consisting of nine members appointed by the Governor, is
hereby created. The Governor shall appoint:
(a) Two members from Clark County, one of whom
must be from a metropolitan police department created pursuant to chapter 280 of NRS if one exists in Clark
County;
(b) One member from Washoe County;
(c) Three members from counties other than Clark
and Washoe Counties;
(d) One member from a state law enforcement
agency that primarily employs peace officers required to receive training as
category I peace officers;
(e) One member who is a category II peace
officer; and
(f) One member who is a category III peace
officer.
2. Members of the Commission serve terms
of 2 years. Members serve without compensation, but are entitled to the per
diem allowance and travel expenses provided for state officers and employees
generally.
3. The Governor shall make the
appointments to the Commission from recommendations submitted by Clark County,
Washoe County, professional organizations of sheriffs and police chiefs of this
State and employee organizations that represent only peace officers of this
State who are certified by the Commission.
(Added to NRS by 1999, 2421; A 2005, 1105; 2007, 595)
NRS 289.510 Peace Officers’ Standards and Training Commission: Powers and
duties; regulations.
1. The Commission:
(a) Shall meet at the call of the Chair, who must
be elected by a majority vote of the members of the Commission.
(b) Shall provide for and encourage the training
and education of persons whose primary duty is law enforcement to ensure the
safety of the residents of and visitors to this State.
(c) Shall adopt regulations establishing minimum
standards for the certification and decertification, recruitment, selection and
training of peace officers. The regulations must establish:
(1) Requirements for basic training for
category I, category II and category III peace officers and reserve peace
officers;
(2) Standards for programs for the
continuing education of peace officers, including minimum courses of study and
requirements concerning attendance;
(3) Qualifications for instructors of
peace officers; and
(4) Requirements for the certification of
a course of training.
(d) Shall, when necessary, present courses of
training and continuing education courses for category I, category II and
category III peace officers and reserve peace officers.
(e) May make necessary inquiries to determine
whether the agencies of this State and of the local governments are complying
with standards set forth in its regulations.
(f) Shall carry out the duties required of the
Commission pursuant to NRS 432B.610
and 432B.620.
(g) May perform any other acts that may be
necessary and appropriate to the functions of the Commission as set forth in NRS 289.450 to 289.600,
inclusive.
(h) May enter into an interlocal agreement with
an Indian tribe to provide training to and certification of persons employed as
police officers by that Indian tribe.
2. Regulations adopted by the Commission:
(a) Apply to all agencies of this State and of
local governments in this State that employ persons as peace officers;
(b) Must require that all peace officers receive
training in the handling of cases involving abuse or neglect of children or
missing children;
(c) Must require that all peace officers receive
training in the handling of cases involving abuse, neglect, exploitation and
isolation of older persons; and
(d) May require that training be carried on at
institutions which it approves in those regulations.
(Added to NRS by 1999, 2421; A 2001, 1730; 2009, 2449)
NRS 289.520 Executive Director: Appointment; qualifications; classification;
restrictions on other employment; removal. The
Commission, by majority vote of its members, shall appoint an Executive
Director of the Commission. The Executive Director:
1. Must be selected with special reference
to the person’s training, experience, capacity and interest in the field of
administering laws and regulations relating to the training of peace officers.
2. Is in the unclassified service of the
State.
3. Shall not pursue any other business or
occupation, or perform any other duties of any other office of profit without
the prior approval of the Commission.
4. May be removed by the Commission, by a
majority vote of its members, at any time for cause.
(Added to NRS by 1999, 2422)
NRS 289.530 Powers of Executive Director. With
the advice of the Commission, the Executive Director of the Commission may:
1. Appoint employees, agents, consultants
and other staff of the Commission and prescribe their duties;
2. Administer and direct the daily
operation of the staff and resources of the Commission;
3. Inspect academies for training peace
officers, and issue and revoke certificates of approval to such academies;
4. Certify qualified instructors for
approved courses of training for peace officers and issue appropriate
certificates to instructors;
5. Certify peace officers who have
satisfactorily completed courses of training for peace officers and issue basic,
intermediate, advanced and management professional certificates to peace
officers;
6. Make recommendations to the Commission
concerning the issuance of executive certificates;
7. Cause annual audits to be made relating
to the operation of academies for training peace officers;
8. Consult and cooperate with academies
for training peace officers concerning the development of the basic and
advanced training programs for peace officers;
9. Consult and cooperate with academies
for training peace officers concerning the development of specialized courses
of study in this State for peace officers in the areas of police science,
police administration, corrections, probation, the social sciences and other
related areas;
10. Consult and cooperate with other
departments and agencies of this State and of local governments concerning the
training of peace officers;
11. Report to the Commission at the
regular meetings of the Commission and at such other times as the Commission
may require, and recommend the denial, suspension or revocation of
certification of a peace officer to the Commission as deemed necessary;
12. Execute contracts on behalf of the
Commission; and
13. Perform any other acts necessary and
appropriate to the carrying out of the duties of the Executive Director of the
Commission.
(Added to NRS by 1999, 2422)
NRS 289.540 Account for the Training of Peace Officers: Creation;
administration; acceptance of gifts, donations, bequests, grants, money or
other financial assistance; expenditures.
1. An Account for the Training of Peace
Officers is hereby created in the State General Fund. The Account must be administered
by the Executive Director of the Commission. The Executive Director may apply
for, accept and expend any gift, donation, bequest, grant or other source of
money or other financial assistance from any person, association, corporation
or other organization having an interest in the training of peace officers, and
from the United States and any of its agencies or instrumentalities, for
deposit in the Account. The money in the Account must be expended in accordance
with the terms and conditions of the gift, donation, bequest or grant, or in
accordance with subsection 2.
2. Except as otherwise provided in
subsection 1, the money in the Account may be used only for the training of
persons whose primary duty is law enforcement or for other purposes approved by
the Commission.
(Added to NRS by 1999, 2423)
NRS 289.550 Persons required to be certified by Peace Officers’ Standards
and Training Commission; period by which certification is required.
1. Except as otherwise provided in
subsection 2 and NRS 3.310, 4.353, 258.007
and 258.060, a person upon whom some or
all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360,
inclusive, must be certified by the Commission within 1 year after the date on
which the person commences employment as a peace officer unless the Commission,
for good cause shown, grants in writing an extension of time, which must not
exceed 6 months, by which the person must become certified. A person who fails
to become certified within the required time shall not exercise any of the
powers of a peace officer after the time for becoming certified has expired.
2. The following persons are not required
to be certified by the Commission:
(a) The Chief Parole and Probation Officer;
(b) The Director of the Department of
Corrections;
(c) The Director of the Department of Public
Safety, the deputy directors of the Department, the chiefs of the divisions of
the Department other than the Investigation Division and the Nevada Highway
Patrol, and the members of the State Disaster Identification Team of the
Division of Emergency Management of the Department;
(d) The Commissioner of Insurance and the chief
deputy of the Commissioner of Insurance;
(e) Railroad police officers; and
(f) California correctional officers.
(Added to NRS by 1999, 2423; A 2001, 1731, 2595; 2001
Special Session, 236; 2003, 289, 306; 2005, 674; 2007, 2192; 2011, 726; 2013, 2949)
NRS 289.555 Person convicted of felony not qualified to serve as peace
officer. A person who has been
convicted of a felony in this State or any other state is not qualified to
serve as a category I peace officer, category II peace officer or category III
peace officer regardless of whether the person has been restored to the
person’s civil rights.
(Added to NRS by 2003, 2697)
NRS 289.560 Application for certification as peace officer to include social
security number. [Effective until the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.] An application for certification as a peace
officer must include the social security number of the applicant.
(Added to NRS by 1999, 2423)
NRS 289.570 Submission of statement by applicant for certification as peace
officer regarding payment of child support; grounds for denial of
certification; duty of Commission. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
1. An applicant for certification as a
peace officer shall submit to the Peace Officers’ Standards and Training
Commission the statement prescribed by the Division of Welfare and Supportive
Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be
completed and signed by the applicant.
2. The Commission shall include the
statement required pursuant to subsection 1 in:
(a) The application or any other forms that must
be submitted for the issuance of the certification; or
(b) A separate form prescribed by the Commission.
3. An applicant may not be certified by
the Commission if the applicant for certification:
(a) Fails to submit the statement required
pursuant to subsection 1; or
(b) Indicates on the statement submitted pursuant
to subsection 1 that the applicant is subject to a court order for the support
of a child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the repayment
of the amount owed pursuant to the order.
4. If an applicant indicates on the
statement submitted pursuant to subsection 1 that the applicant is subject to a
court order for the support of a child and is not in compliance with the order
or a plan approved by the district attorney or other public agency enforcing
the order for the repayment of the amount owed pursuant to the order, the
Commission shall advise the applicant to contact the district attorney or other
public agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1999, 2423)
NRS 289.580 Suspension of certification as peace officer for failure to pay
child support or comply with certain subpoenas or warrants; reinstatement of
certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. If the Peace Officers’ Standards and
Training Commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension
of all professional, occupational and recreational licenses, certificates and
permits issued to a person who has been certified as a peace officer, the
Commission shall deem the person’s certification to be suspended at the end of
the 30th day after the date on which the court order was issued unless the
Commission receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person who has been certified stating that the person has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Peace Officers’ Standards and
Training Commission shall reinstate a certification as a peace officer that has
been suspended by a district court pursuant to NRS 425.540 if the Commission receives a
letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose
certification was suspended stating that the person whose certification was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1999, 2424)
NRS 289.590 Training in proper use of choke hold as condition of
certification; annual training and recertification; regulations.
1. As a condition of the certification of
a peace officer employed by an agency that authorizes the use of a choke hold
in the course of the peace officer’s duties, the Peace Officers’ Standards and
Training Commission shall require the peace officer to be trained in the proper
use of the choke hold. In addition, the Commission shall require annual
training and recertification in the proper use of the choke hold if the agency
employing the peace officer continues to authorize the official use of the
choke hold.
2. The Commission shall adopt regulations
regarding the minimum training and testing required to comply with the
requirements of subsection 1 and the manner in which each such agency shall
demonstrate its continuing compliance with the requirements of subsection 1.
(Added to NRS by 1999, 2424)
NRS 289.600 Training in dealing with crimes of stalking and aggravated
stalking as condition of certification. As
a condition of the certification of each peace officer, the Peace Officers’
Standards and Training Commission shall require each peace officer to be
trained in dealing with the crimes of stalking and aggravated stalking,
including, without limitation:
1. The manner in which a report from a
person who claims to be a victim of stalking or aggravated stalking should be
taken;
2. The proper method of carrying out an
investigation of alleged stalking or aggravated stalking; and
3. The elements of the crimes of stalking
and aggravated stalking.
(Added to NRS by 1999, 1378; A 2001, 171)
MISCELLANEOUS PROVISIONS
NRS 289.800 Reimbursement for cost to repair or replace uniform, accessories
or safety equipment damaged or destroyed in performance of duties. In addition to the compensation required by NRS 281.121, a state agency that employs a
person:
1. Upon whom some or all of the powers of
a peace officer are conferred pursuant to:
(a) Subsection 1 of NRS
289.180, subsection 1 of NRS 289.220 or
paragraph (e) of subsection 1 of NRS 289.270; or
(b) Paragraph (d) of subsection 1 of NRS 289.270 and who is employed by the Nevada Highway
Patrol; and
2. Who is required to purchase and wear a
uniform or other clothing, accessories or safety equipment while performing the
person’s duties for the State as a peace officer,
Ê may, after
first obtaining the written approval of the Director of the Department of
Administration, reimburse that person for the cost to repair or replace the
person’s required uniform or other clothing, accessories or safety equipment if
it is damaged or destroyed, by means other than ordinary wear and tear, while
the person is performing the person’s duties for the State as a peace officer.
(Added to NRS by 1995, 2744; A 1997, 3263; 2005, 674; 2011, 726)
NRS 289.810 Peace officer prohibited from using choke hold; exceptions;
agencies required to adopt regulations.
1. A peace officer shall not use a choke
hold on any other person unless:
(a) The agency employing the peace officer
authorizes the use of the choke hold by its peace officers in the course of
their duties; and
(b) The peace officer has successfully completed
training in the proper use of the choke hold and holds current certification
for its use by the agency which employs the peace officer.
2. If a law enforcement agency finds that
a peace officer has violated the provisions of subsection 1, the peace officer
is subject to such disciplinary action as is provided for such an offense by
the agency.
3. Each agency in this state which employs
a peace officer shall adopt regulations which govern whether the use of a choke
hold by its officers during the course of their duties is authorized. If an
agency authorizes such a use of a choke hold, the agency shall also adopt
regulations which specifically address:
(a) The manner in which a peace officer,
certified for use of a choke hold, is authorized to use the hold in the course
of the peace officer’s duties;
(b) The manner in which records of training,
certification and recertification will be maintained to ensure compliance with
any applicable statutory or other related requirements; and
(c) The consequences of unauthorized or
uncertified use of a choke hold.
(Added to NRS by 1991, 982; A 1993, 2525; 1997, 508; 1999, 2425)
NRS 289.820 Peace officer prohibited from engaging in racial profiling;
retaliatory or punitive action prohibited against peace officer for disclosure
of information concerning racial profiling.
1. A peace officer shall not engage in
racial profiling.
2. No retaliatory or punitive action may
be taken against a peace officer who discloses information concerning racial
profiling.
3. For purposes of this section, “racial
profiling” means reliance by a peace officer upon the race, ethnicity or
national origin of a person as a factor in initiating action when the race,
ethnicity or national origin of the person is not part of an identifying
description of a specific suspect for a specific crime.
(Added to NRS by 2001, 2852)
