Assembly Bill No. 570–Assemblywoman Chowning (by request)
March 15, 1999
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions regarding rights of peace officers. (BDR 23-1555)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
~
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. NRS 289.050 is hereby amended to read as follows: 289.0501-3
1. If a peace officer refuses to submit to a polygraphic examination:1-4
(a) No law enforcement agency may take any disciplinary action against1-5
such officer; and1-6
(b) No investigator may make a notation of such refusal in his report,1-7
absent independent evidence of unlawful conduct by the peace officer.1-8
2. Evidence of any refusal by a peace officer to submit to a1-9
polygraphic examination is not admissible if introduced by any1-10
governmental body or agency in this state at any subsequent hearing, trial1-11
or other judicial or administrative proceeding.1-12
Sec. 2. NRS 289.060 is hereby amended to read as follows: 289.060 1. The agency shall, within a reasonable time before any1-14
interrogation or hearing is held relating to an investigation of the activities1-15
of a peace officer which may result in punitive action, provide written1-16
notice to the officer if practical under the circumstances.1-17
2. The notice must include:1-18
(a) A description of the nature of the investigation;1-19
(b) A summary of alleged misconduct of the peace officer;2-1
(c) The date, time and place of the interrogation or hearing;2-2
(d) The name and rank of the officer in charge of the investigation and2-3
the officers who will conduct any interrogation;2-4
(e) The name of any other person who will be present at any2-5
interrogation or hearing; and2-6
(f) A statement setting forth the provisions of subsection 1 of NRS2-7
289.080.2-8
3. The agency shall:2-9
(a) Interrogate the officer during his regular working hours, if2-10
reasonably practicable, or compensate him for that time based on his2-11
regular wages if no charges arise from the interrogation.2-12
(b) Limit the scope of the questions during the interrogation or hearing2-13
to the alleged misconduct of the officer.2-14
(c) Allow the officer to explain an answer or refute a negative2-15
implication which results from questioning during an interrogation or2-16
hearing.2-17
4. Any information obtained involuntarily from a peace officer is2-18
confidential and is not admissible in this state at a subsequent civil or2-19
criminal proceeding.2-20
Sec. 3. NRS 289.080 is hereby amended to read as follows: 289.080 1. Except as otherwise provided in subsection 2, a peace2-22
officer may upon request have a lawyer or other representative of his2-23
choosing present with the peace officer during any phase of an2-24
interrogation or hearing.2-25
2. The representative must not otherwise be connected to, or the2-26
subject of, the same investigation.2-27
3. Any information that the representative obtains from the peace2-28
officer concerning the investigation is2-29
(a) Inadmissible in this state at a subsequent civil or criminal2-30
proceeding.2-31
(b) Confidential and must not be disclosed except upon the:2-32
2-33
2-34
A law enforcement agency shall not take punitive action against the2-35
representative for his failure or refusal to disclose such information.2-36
4. The peace officer or the law enforcement agency may make a2-37
stenographic or magnetic record of the interrogation or hearing. If the2-38
agency records the proceedings, the agency shall at the officer’s request2-39
and expense provide a copy of the:2-40
(a) Stenographic transcript of the proceedings; or2-41
(b) Recording on the magnetic tape.3-1
Sec. 4. NRS 289.090 is hereby amended to read as follows: 289.090 The provisions of NRS 289.0603-3
not apply to any investigation which concerns alleged criminal activities.3-4
Sec. 5. NRS 289.070 is hereby repealed.
3-5
TEXT OF REPEALED SECTION289.070 Investigation of allegation of misconduct; when officer
3-7
may be required to take polygraphic examination; procedure and3-8
requirements for examination.3-9
1. An investigation of a peace officer may be conducted in response to3-10
an allegation that an officer has engaged in activities which could result in3-11
punitive action.3-12
2. If a person who makes such an allegation against an officer submits3-13
to a polygraphic examination and the results of that examination indicate3-14
that the person examined is telling the truth about the purported activities,3-15
the officer against whom the allegation is made must submit to a3-16
polygraphic examination concerning such activities.3-17
3. If a polygraphic examination is given to an officer pursuant to this3-18
section, a sound or video recording must be made of the examination, the3-19
preliminary interview and the post-examination interview. Before the3-20
opinion of the examiner regarding the officer’s veracity may be considered3-21
in a disciplinary action, all records, documents and recordings resulting3-22
from the examination must be made available for review by one or more3-23
examiners licensed or qualified to be licensed in this state who are3-24
acceptable to the law enforcement agency and the officer. If the opinion of3-25
the reviewing examiners does not agree with the initial examiner’s opinion,3-26
the officer must be allowed to be reexamined by an examiner of his choice3-27
who is licensed or qualified to be licensed in this state.3-28
4. The opinion of the examiner regarding the officer’s veracity may3-29
not be considered in a disciplinary action unless the examination was3-30
conducted in a manner which complies with the provisions of chapter 6483-31
of NRS. In any event, the law enforcement agency shall not use the3-32
examiner’s opinion regarding the veracity of the officer as the sole basis3-33
for disciplinary action against the officer.3-34
5. If the officer refuses to submit to a polygraphic examination3-35
required by this section:3-36
(a) A law enforcement agency may take disciplinary action against that3-37
officer; and3-38
(b) An investigator may make a notation of the refusal in his report.4-1
6. Evidence of any refusal by a peace officer to submit to a4-2
polygraphic examination required by this section is admissible if4-3
introduced by any governmental body or agency in this state at any4-4
subsequent hearing, trial or other judicial or administrative proceeding.~