Senate Bill No. 183–Committee on Government Affairs

(On Behalf of Secretary of State)

February 15, 1999

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Referred to Committee on Government Affairs

 

SUMMARY—Provides that criminal investigators employed by secretary of state have powers of peace officer. (BDR 23-656)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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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; providing that criminal investigators employed by the secretary of state have the powers of a peace officer; requiring criminal investigators employed by the secretary of state to comply with the standards of the peace officers’ standards and training committee; 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 289 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 Criminal investigators employed by the secretary of state have the

1-4 powers of a peace officer.

1-5 Sec. 2. NRS 289.010 is hereby amended to read as follows:

1-6 289.010 As used in this chapter, unless the context otherwise requires:

1-7 1. "Peace officer" means any person upon whom some or all of the

1-8 powers of a peace officer are conferred pursuant to NRS 289.150 to

1-9 289.360, inclusive [.] , and section 1 of this act.

1-10 2. "Punitive action" means any action which may lead to dismissal,

1-11 demotion, suspension, reduction in salary, written reprimand or transfer of

1-12 a peace officer for purposes of punishment.

1-13 Sec. 3. NRS 481.053 is hereby amended to read as follows:

1-14 481.053 1. The governor shall appoint the peace officers’ standards

1-15 and training committee.

2-1 2. The committee consists of seven members, one appointed from

2-2 Clark County, one from Washoe County, three from any other counties, one

2-3 from category II peace officers and one from category III peace officers.

2-4 Members serve terms of 2 years from the date of appointment. Members

2-5 serve without compensation but are entitled to the per diem allowance and

2-6 travel expenses provided by law for state officers and employees generally.

2-7 3. The governor shall make the appointments from recommendations

2-8 submitted by Clark County, Washoe County, professional organizations of

2-9 sheriffs and police chiefs of this state, category II peace officers and

2-10 category III peace officers.

2-11 4. The committee shall:

2-12 (a) Meet at the call of the chairman, who must be elected by the

2-13 members of the committee.

2-14 (b) Provide for and encourage the training and education of peace

2-15 officers in order to improve the system of criminal justice.

2-16 (c) Adopt regulations establishing minimum standards for the

2-17 certification and decertification, recruitment, selection and training of peace

2-18 officers.

2-19 (d) Make necessary inquiries to determine whether agencies of the state

2-20 and of local governments are complying with standards set forth in its

2-21 regulations.

2-22 (e) Carry out the duties required of the committee pursuant to NRS

2-23 432B.610 and 432B.620.

2-24 5. Regulations adopted by the committee:

2-25 (a) Apply to all agencies of the state and of local governments which

2-26 employ persons as peace officers;

2-27 (b) Must require that all peace officers receive training in the handling

2-28 of cases involving abuse or neglect of children or missing children; and

2-29 (c) May require that training be carried on at institutions which it

2-30 approves in those regulations.

2-31 6. The director may adopt regulations necessary for the operation of

2-32 the committee and the enforcement of laws administered by the committee.

2-33 7. As used in this section:

2-34 (a) "Category II peace officer" means:

2-35 (1) The bailiff of the supreme court;

2-36 (2) The bailiffs of the district courts, justices’ courts and municipal

2-37 courts whose duties require them to carry weapons and make arrests;

2-38 (3) Constables and their deputies whose official duties require them to

2-39 carry weapons and make arrests;

2-40 (4) Inspectors employed by the transportation services authority who

2-41 exercise those powers of enforcement conferred by chapters 706 and 712 of

2-42 NRS;

2-43 (5) Parole and probation officers;

3-1 (6) Special investigators who are employed full time by the office of

3-2 any district attorney or the attorney general;

3-3 (7) Investigators of arson for fire departments who are specially

3-4 designated by the appointing authority;

3-5 (8) The assistant and deputies of the state fire marshal;

3-6 (9) The brand inspectors of the division of agriculture of the

3-7 department of business and industry who exercise the powers of

3-8 enforcement conferred in chapter 565 of NRS;

3-9 (10) Investigators for the state forester firewarden who are specially

3-10 designated by him and whose primary duties are the investigation of arson;

3-11 (11) School police officers employed by the board of trustees of any

3-12 county school district;

3-13 (12) Agents of the state gaming control board who exercise the

3-14 powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

3-15 except those agents whose duties relate primarily to auditing, accounting,

3-16 the collection of taxes or license fees, or the investigation of applicants for

3-17 licenses;

3-18 (13) Investigators and administrators of the bureau of enforcement of

3-19 the registration division of the department of motor vehicles and public

3-20 safety who perform the duties specified in subsection 3 of NRS 481.048;

3-21 (14) Officers and investigators of the section for the control of

3-22 emissions from vehicles of the registration division of the department of

3-23 motor vehicles and public safety who perform the duties specified in

3-24 subsection 3 of NRS 481.0481;

3-25 (15) Legislative police officers of the State of Nevada;

3-26 (16) The personnel of the capitol police division of the department of

3-27 motor vehicles and public safety appointed pursuant to subsection 2 of

3-28 NRS 331.140;

3-29 (17) Parole counselors of the division of child and family services of

3-30 the department of human resources;

3-31 (18) Juvenile probation officers and deputy juvenile probation

3-32 officers employed by the various judicial districts in the State of Nevada or

3-33 by a department of family, youth and juvenile services established pursuant

3-34 to NRS 62.1264 whose official duties require them to enforce court orders

3-35 on juvenile offenders and make arrests;

3-36 (19) Field investigators of the taxicab authority;

3-37 (20) Security officers employed full time by a city or county whose

3-38 official duties require them to carry weapons and make arrests; [and]

3-39 (21) The chief of a department of alternative sentencing created

3-40 pursuant to NRS 211A.080 and the assistant alternative sentencing officers

3-41 employed by that department [.] ; and

3-42 (22) Criminal investigators who are employed by the secretary of

3-43 state.

4-1 (b) "Category III peace officer" means peace officers whose authority is

4-2 limited to correctional services, and includes the superintendents and

4-3 correctional officers of the department of prisons.

4-4 Sec. 4. This act becomes effective on July 1, 1999.

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