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
1. A law enforcement agency shall not use punitive action against
a peace officer if he chooses to exercise his 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 him, 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 his 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)
1. Except as otherwise provided in subsection 2, 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 home address and 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.
(Added to NRS by 2005, 621 )
A law enforcement
agency shall not require any peace officer to disclose his 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 his credentials for transfer to a specialized unit;
2. Prevent any conflict of interest which may result in any new
assignment; or
3. Determine whether he is engaged in unlawful activity.
(Added to NRS by 1983, 2096)
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 he is asked to initial the comment
or document, his 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 )
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 his
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 )
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 )
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. 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 )
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
written notice to the peace officer. A peace officer may waive the notice
required pursuant to this section.
2. The notice 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;
(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) Interrogate the peace officer during his regular working hours,
if reasonably practicable, or compensate him for that time based on his
regular wages if no charges arise from the interrogation.
(b) Immediately before the interrogation or hearing begins, inform
the peace officer orally on the record that:
(1) He is required to provide a statement and answer
questions related to his alleged misconduct; and
(2) If he fails to provide such a statement or to answer any
such questions, the agency may charge him with insubordination.
(c) Limit the scope of the questions during the interrogation or
hearing to the alleged misconduct of the peace officer.
(d) Allow the peace officer to explain an answer or refute a
negative implication which results from questioning during an
interrogation or hearing.
(Added to NRS by 1983, 2097; A 1993, 2379; 2005, 622 )
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 his 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 his 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 )
1. Except as otherwise provided in subsection 3, a peace officer
may upon request have two representatives of his choosing present with
the peace officer during any phase of an interrogation or hearing
relating to an investigation conducted pursuant to NRS 289.057 , including, without limitation, a lawyer, a
representative of a labor union or another peace officer.
2. A representative of a peace officer must assist the peace
officer during the interrogation or hearing. The law enforcement agency
conducting the 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.
3. A representative must not otherwise be connected to, or the
subject of, the same investigation.
4. Any information that a representative obtains from the peace
officer concerning 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 his failure or refusal to disclose such information.
5. The peace officer, any representative of the peace officer or
the law enforcement agency may make a stenographic, digital or magnetic
record of the 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.
6. 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
)
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 )
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 )
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)
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 he 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 his official duties which is in violation of
any state law or regulation.
(Added to NRS by 1991, 2212)
Any peace officer aggrieved by an action of his employer 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
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, policemen and correctional officers of cities and
towns.
3. The bailiff of the Supreme Court.
4. The bailiffs 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)—(Substituted in revision for NRS
281.0311)
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 he 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. Policemen and special policemen 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)—(Substituted in revision for NRS
281.0313)
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)—(Substituted in revision for NRS
281.0315)
Criminal investigators employed by the Secretary of State have the
powers of a peace officer.
(Added to NRS by 1999, 182 )
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 him 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 his 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 )
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 his 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 )
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 )
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)—(Substituted in
revision for NRS 281.0323)
1. The Director of the Department of Corrections, 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 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 )
When, pursuant to
California law, a California correctional officer has in his 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
he 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 his custody in proceedings under Nevada law.
(Added to NRS by 1993, 2522)—(Substituted in revision for NRS
281.0327)
Forensic technicians and correctional officers employed by the Division
of Mental Health and Developmental Services of the Department of Health
and Human Services at facilities for mentally disordered offenders 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 )
1. The State Fire Marshal, his assistant and his deputies have the
powers of a peace officer.
2. 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 .
3. 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.
4. 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)—(Substituted in revision for NRS
281.0331)
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 )
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 investigators and agents of the Investigation Division of
the Department of Public Safety and any other officer or employee of that
Division 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) The personnel of the Capitol Police Division of the Department
of Public Safety appointed pursuant to subsection 2 of NRS 331.140 .
(f) The personnel of the Nevada Highway Patrol 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.
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.
4. 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.
(Added to NRS by 1993, 2522; A 1995, 2306; 1997, 3263; 1999, 1255
, 3128 , 3591 , 3595 ; 2001, 2593 ; 2003, 2525 ; 2005, 673 )
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)—(Substituted in revision for NRS
281.0337)
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 , 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 )
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 his duties
pursuant to subsection 2 of NRS 624.115 .
(Added to NRS by 1993, 2523; A 1995, 304; 1999, 2967 ; 2003, 1905 )
The
Commissioner of Insurance and his chief deputy 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)—(Substituted in revision for NRS
281.0343)
An employee of the Transportation Services Authority
whom it designates as an inspector or as manager of transportation 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 Transportation Services 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 )
A person commissioned and appointed
to serve as a railroad policeman 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 him.
(Added to NRS by 1993, 2523)—(Substituted in revision for NRS
281.0347)
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)—(Substituted in revision for NRS
281.0349)
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 his 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 his 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)—(Substituted in revision for NRS
281.0351)
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 his presence; or
(b) He is given reasonable cause to believe that a person has
committed a felony or gross misdemeanor outside of his 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
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 150,000 or more or a county whose
population is 100,000 or more, 25 members; and
(b) In a city whose population is less than 150,000 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 )
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 )
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)
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 chairman 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 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 at the hearing
before the panel or be represented by an attorney or other person of his
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 chairman 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)
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
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 )
“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 )
“Category II
peace officer” means:
1. The Bailiff of the Supreme Court;
2. The bailiffs of the district courts, Justice Courts and
municipal courts whose duties require them to carry weapons and make
arrests;
3. Constables and their deputies whose official duties require
them to carry weapons and make arrests;
4. Inspectors employed by the Transportation Services Authority
who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;
5. Parole and probation officers;
6. Special investigators who are employed fulltime by the office
of any district attorney or the Attorney General;
7. Investigators of arson for fire departments who are specially
designated by the appointing authority;
8. The assistant and deputies of the State Fire Marshal;
9. The brand inspectors of the State Department of Agriculture who
exercise the powers of enforcement conferred by chapter 565 of NRS;
10. The field agents and inspectors of the State Department of
Agriculture who exercise the powers of enforcement conferred by NRS
561.225 ;
11. Investigators for the State Forester Firewarden who are
specially designated by him and whose primary duties are related to the
investigation of arson;
12. School police officers employed by the board of trustees of
any county school district;
13. 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;
14. 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 ;
15. 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 ;
16. Legislative police officers of the State of Nevada;
17. The personnel of the Capitol Police Division of the Department
of Public Safety appointed pursuant to subsection 2 of NRS 331.140 ;
18. Parole counselors of the Division of Child and Family Services
of the Department of Health and Human Services;
19. 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;
20. Field investigators of the Taxicab Authority;
21. Security officers employed fulltime by a city or county whose
official duties require them to carry weapons and make arrests;
22. The chief of a department of alternative sentencing created
pursuant to NRS 211A.080 and the
assistant alternative sentencing officers employed by that department; and
23. Criminal investigators who are employed by the Secretary of
State.
(Added to NRS by 1999, 2419 ; A 2001, 1729 , 2594 ; 2003, 180 , 1133 , 2526 )
“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.
(Added to NRS by 1999, 2421 ; A 2001 Special Session, 236 )
“Commission” means the Peace
Officers’ Standards and Training Commission.
(Added to NRS by 1999, 2421 )
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 by law 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 )
1. The Commission:
(a) Shall meet at the call of the Chairman, 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; and
(c) May require that training be carried on at institutions which
it approves in those regulations.
(Added to NRS by 1999, 2421 ; A 2001, 1730 )
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 his 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 )
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 his duties.
(Added to NRS by 1999, 2422 )
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 )
1. Except as otherwise provided in subsection 2, 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 State Fire Marshal;
(d) 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;
(e) The Commissioner of Insurance and his chief deputy;
(f) Railroad policemen; and
(g) California correctional officers.
(Added to NRS by 1999, 2423 ; A 2001, 1731 , 2595 ; 2001 Special Session, 236 ; 2003, 289 , 306 ; 2005, 674 )
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 he has been restored to his civil rights.
(Added to NRS by 2003, 2697 )
[Expires by limitation on the date of the
repeal of 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. [Expires by limitation on the date
of the repeal of 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 he 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 he 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 )
[Expires by limitation on the
date of the repeal of 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 )
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 his
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 )
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
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 subsection 1 of NRS 289.180 , subsection 1 of NRS 289.220 , paragraph (f) of subsection 1 of NRS 289.270
or subsection 4 of NRS 289.270 ; and
2. Who is required to purchase and wear his own uniform or other
clothing, accessories or safety equipment while performing his 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 his required uniform or other clothing, accessories or
safety equipment if it is damaged or destroyed, by means other than
ordinary wear and tear, while he is performing his duties for the State
as a peace officer.
(Added to NRS by 1995, 2744; A 1997, 3263; 2005, 674 )
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 him.
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 his 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
)—(Substituted in revision for NRS 289.410)
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 )
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