Amendment No. 156

Senate Amendment to Senate Bill No. 264 (BDR 16-1016)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend section 1, pages 1 and 2, by deleting lines 3 through 16 on page 1 and lines 1 through 7 on page 2, and inserting:

"1. Except as otherwise provided in subsection 5, a person may not be employed by the department in a position in which the person exercises some or all the powers of a peace officer unless the person:

(a) Consents, in writing, to take a polygraphic examination administered by a person who is selected by the director;

(b) Consents, in writing, to take a psychological examination administered by a person who is selected by the director;

(c) Consents, in writing, to the release to the department of the results of the polygraphic examination and the psychological examination; and

(d) Takes the polygraphic examination and the psychological examination within the 3 months immediately preceding his employment in such a position.

2. A person who is selected by the director to administer a polygraphic examination pursuant to this section must be a qualified polygraphic examiner or intern who:

(a) Holds a valid license pursuant to the provisions of chapter 648 of NRS; or

(b) Is exempt from licensure pursuant to the provisions of NRS 648.061.

3. The board shall establish a list of approved questions that may be asked during polygraphic examinations administered pursuant to this section. The list of approved questions must not include any question that inquires into the religious beliefs, political affiliations, affiliations with labor organizations or sexual activities of the person being examined. A polygraphic examination administered pursuant to this section must not include any question that is not contained in the list of approved questions.

4. The results of a polygraphic examination or psychological examination administered pursuant to this section may not be used as the sole basis upon which an adverse employment decision is made concerning a prospective employee.

5. The provisions of subsection 1 do not apply to:

(a) The director or an assistant director; or".

Amend the title of the bill by deleting the second line and inserting:

"prisons to submit to polygraphic and psychological examinations; establishing requirements for the administration of such examinations; and providing other matters".

Amend the summary of the bill, second line, after "polygraphic" by inserting "and psychological".