Assembly Bill No. 304–Committee on Judiciary
February 23, 1999
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Referred to Committee on Judiciary
SUMMARY—Makes various changes concerning complaints against peace officer. (BDR 15-1113)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
1-1
Section 1. Chapter 199 of NRS is hereby amended by adding thereto1-2
a new section to read as follows:1-3
1. A person who knowingly:1-4
(a) Makes or files a false or fraudulent oral or written complaint or1-5
allegation of misconduct against a peace officer;1-6
(b) Makes or files a false or fraudulent oral or written statement1-7
concerning a complaint or allegation of misconduct against a peace1-8
officer;1-9
(c) Prepares any written document with the intent to use, present or1-10
file it or authorize another person to use, present or file it in connection1-11
with a false or fraudulent complaint or allegation of misconduct against1-12
a peace officer; or1-13
(d) Aids, abets or solicits another person to commit an act described in1-14
paragraph (a), (b) or (c),1-15
is guilty of a misdemeanor.1-16
2. As used in this section, "peace officer" has the meaning ascribed1-17
to it in NRS 289.010.2-1
Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto a2-2
new section to read as follows:2-3
1. Each agency in this state that employs peace officers shall:2-4
(a) Establish written procedures for investigating any complaint or2-5
allegation of misconduct made or filed against a peace officer employed2-6
by the agency; and2-7
(b) Make copies of the written procedures established pursuant to2-8
paragraph (a) available to the public.2-9
2. Each agency in this state that employs peace officers shall require2-10
each person who makes or files a complaint or allegation of misconduct2-11
against a peace officer employed by that agency to read and sign a2-12
statement printed in bold type in substantially the following form:2-13
You have the right to make a complaint against a peace officer2-14
for any improper conduct. The laws of the State of Nevada2-15
require this agency to establish written procedures for2-16
investigating complaints against peace officers. You have a right2-17
to receive a written copy of these procedures. Although this2-18
agency may find after investigation that there is not enough2-19
evidence to warrant action on your complaint, you have the right2-20
to make the complaint and have it investigated if you believe a2-21
peace officer acted improperly. It is against the law to make a2-22
complaint against a peace officer that you know is false or2-23
fraudulent. If you make a complaint against a peace officer that2-24
you know is false or fraudulent, you may be prosecuted for a2-25
misdemeanor pursuant to section 1 of this act.2-26
I have read and understand the above statement.2-27
2-28
Complainant2-29
Sec. 3. The amendatory provisions of this act do not apply to offenses2-30
that were committed before October 1, 1999.~