Nrs: Chapter 289 - Peace Officers

Link to law: https://www.leg.state.nv.us/NRS/NRS-289.html
Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now
[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)