Senate Bill No. 264–Committee on Judiciary

(On Behalf of Nevada Corrections Association)

February 26, 1999

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Referred to Committee on Judiciary

 

SUMMARY—Requires certain prospective employees of department of prisons to submit to polygraphic examinations. (BDR 16-1016)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

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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 prisons; requiring certain prospective employees of the department of prisons to submit to polygraphic examinations; 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 209 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Except as otherwise provided in subsection 4, a person may not be

1-4 employed by the department in a position in which the person exercises

1-5 some or all the powers of a peace officer unless the person:

1-6 (a) Consents, in writing, to take a polygraphic examination

1-7 administered by a person who is selected by the director and consents, in

1-8 writing, to the release of the results of the polygraphic examination to the

1-9 department; and

1-10 (b) Takes the polygraphic examination within the 3 months

1-11 immediately preceding his employment in such a position.

1-12 2. A person who is selected by the director to administer a

1-13 polygraphic examination pursuant to this section must be a qualified

1-14 polygraphic examiner or intern who:

1-15 (a) Holds a valid license pursuant to the provisions of chapter 648 of

1-16 NRS; or

2-1 (b) Is exempt from licensure pursuant to the provisions of NRS

2-2 648.061.

2-3 3. The results of a polygraphic examination taken pursuant to this

2-4 section may not be used as the sole basis upon which an adverse

2-5 employment decision is made concerning a prospective employee.

2-6 4. The provisions of subsection 1 do not apply to:

2-7 (a) The director, an assistant director or a warden; or

2-8 (b) Any person employed by the department on October 1, 1999, if, on

2-9 or before that date, the person held a position with the department in

2-10 which the person exercised some or all the powers of a peace officer.

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