Assembly Bill No. 304–Committee on Judiciary

February 23, 1999

____________

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.

~

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to peace officers; prohibiting false or fraudulent complaints against a peace officer; requiring each agency that employs peace officers to establish a written procedure for investigating complaints against peace officers; providing a penalty; and providing other matters properly relating thereto.

 

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 thereto

1-2 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 or

1-5 allegation of misconduct against a peace officer;

1-6 (b) Makes or files a false or fraudulent oral or written statement

1-7 concerning a complaint or allegation of misconduct against a peace

1-8 officer;

1-9 (c) Prepares any written document with the intent to use, present or

1-10 file it or authorize another person to use, present or file it in connection

1-11 with a false or fraudulent complaint or allegation of misconduct against

1-12 a peace officer; or

1-13 (d) Aids, abets or solicits another person to commit an act described in

1-14 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 ascribed

1-17 to it in NRS 289.010.

2-1 Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto a

2-2 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 or

2-5 allegation of misconduct made or filed against a peace officer employed

2-6 by the agency; and

2-7 (b) Make copies of the written procedures established pursuant to

2-8 paragraph (a) available to the public.

2-9 2. Each agency in this state that employs peace officers shall require

2-10 each person who makes or files a complaint or allegation of misconduct

2-11 against a peace officer employed by that agency to read and sign a

2-12 statement printed in bold type in substantially the following form:

2-13 You have the right to make a complaint against a peace officer

2-14 for any improper conduct. The laws of the State of Nevada

2-15 require this agency to establish written procedures for

2-16 investigating complaints against peace officers. You have a right

2-17 to receive a written copy of these procedures. Although this

2-18 agency may find after investigation that there is not enough

2-19 evidence to warrant action on your complaint, you have the right

2-20 to make the complaint and have it investigated if you believe a

2-21 peace officer acted improperly. It is against the law to make a

2-22 complaint against a peace officer that you know is false or

2-23 fraudulent. If you make a complaint against a peace officer that

2-24 you know is false or fraudulent, you may be prosecuted for a

2-25 misdemeanor pursuant to section 1 of this act.

2-26 I have read and understand the above statement.

2-27

2-28 Complainant

2-29 Sec. 3. The amendatory provisions of this act do not apply to offenses

2-30 that were committed before October 1, 1999.

~