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).

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 5, 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;

1-8 (b) Consents, in writing, to take a psychological examination

1-9 administered by a person who is selected by the director;

1-10 (c) Consents, in writing, to the release to the department of the results

1-11 of the polygraphic examination and the psychological examination; and

1-12 (d) Takes the polygraphic examination and the psychological

1-13 examination within the 3 months immediately preceding his employment

1-14 in such a position.

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

2-2 polygraphic examination pursuant to this section must be a qualified

2-3 polygraphic examiner or intern who:

2-4 (a) Holds a valid license pursuant to the provisions of chapter 648 of

2-5 NRS; or

2-6 (b) Is exempt from licensure pursuant to the provisions of NRS

2-7 648.061.

2-8 3. The board shall establish a list of approved questions that may be

2-9 asked during polygraphic examinations administered pursuant to this

2-10 section. The list of approved questions must not include any question that

2-11 inquires into the religious beliefs, political affiliations, affiliations with

2-12 labor organizations or sexual activities of the person being examined. A

2-13 polygraphic examination administered pursuant to this section must not

2-14 include any question that is not contained in the list of approved

2-15 questions.

2-16 4. The results of a polygraphic examination or psychological

2-17 examination administered pursuant to this section may not be used as the

2-18 sole basis upon which an adverse employment decision is made

2-19 concerning a prospective employee.

2-20 5. The provisions of subsection 1 do not apply to:

2-21 (a) The director or an assistant director; or

2-22 (b) Any person employed by the department on October 1, 1999, if, on

2-23 or before that date, the person held a position with the department in

2-24 which the person exercised some or all the powers of a peace officer.