Senate Bill No. 68–Senator Jacobsen

Prefiled January 29, 1999

____________

Referred to Committee on Government Affairs

 

SUMMARY—Reorganizes peace officers’ standards and training committee into peace officers’ standards and training commission. (BDR 23-1041)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

~

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; reorganizing the peace officers’ standards and training committee in the department of motor vehicles and public safety into the peace officers’ standards and training commission and defining its duties; providing for the appointment of an executive director of the commission and defining his duties; reallocating the distribution of the administrative assessment imposed on persons guilty of a misdemeanor to provide for the support of the commission; 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. NRS 284.174 is hereby amended to read as follows:

1-2 284.174 1. If personnel of the capitol police division of the

1-3 department of motor vehicles and public safety are not available to provide

1-4 security services for a building, office or other facility of a state agency, the

1-5 state agency may, pursuant to NRS 284.173, contract with one or more

1-6 independent contractors to provide such services.

1-7 2. An independent contractor with whom a state agency contracts

1-8 pursuant to subsection 1 must:

1-9 (a) Be licensed as a private patrolman pursuant to chapter 648 of NRS

1-10 or employed by a person so licensed; and

1-11 (b) Possess the skills required of and meet the same physical

1-12 requirements as law enforcement personnel certified by the peace officers’ standards and training 1-13 [committee] commission created pursuant to [NRS

1-14 481.053.] section 8 of this act.

2-1 Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto the

2-2 provisions set forth as sections 3 to 17, inclusive, of this act.

2-3 Sec. 3. As used in sections 3 to 17, inclusive, of this act, unless the

2-4 context otherwise requires, the words and terms defined in sections 4 to

2-5 7, inclusive, of this act have the meanings ascribed to them in those

2-6 sections.

Sec. 4. "Category I peace officer" means a peace officer who has

2-7 unrestricted duties and who is not otherwise listed as a category II or

category III peace officer.

2-8 Sec. 5. "Category II peace officer" means:

2-9 1. The bailiff of the supreme court;

2. The bailiffs of the district courts, justices’ courts and municipal

2-10 courts whose duties require them to carry weapons and make arrests;

3. Constables and their deputies whose official duties require them to

2-11 carry weapons and make arrests;

2-12 4. Inspectors employed by the transportation services authority who

exercise those powers of enforcement conferred by chapters 706 and 712

2-13 of NRS;

5. Parole and probation officers;

2-14 6. Special investigators who are employed full time by the office of

2-15 any district attorney or the attorney general;

7. Investigators of arson for fire departments who are specially

2-16 designated by the appointing authority;

8. The assistant and deputies of the state fire marshal;

2-17 9. The brand inspectors of the division of agriculture of the

2-18 department of business and industry who exercise the powers of

enforcement conferred by chapter 565 of NRS;

2-19 10. Investigators for the state forester firewarden who are specially

designated by him and whose primary duties are related to the

2-20 investigation of arson;

2-21 11. School police officers employed by the board of trustees of any

county school district;

2-22 12. Agents of the state gaming control board who exercise the powers

of enforcement specified in NRS 289.360, 463.140 or 463.1405, except

2-23 those agents whose duties relate primarily to auditing, accounting, the

2-24 collection of taxes or license fees, or the investigation of applicants for

licenses;

2-25 13. Investigators and administrators of the bureau of enforcement of

the registration division of the department of motor vehicles and public

2-26 safety who perform the duties specified in subsection 3 of NRS 481.048;

14. Officers and investigators of the section for the control of

3-1 emissions from vehicles of the registration division of the department of

motor vehicles and public safety who perform the duties specified in

3-2 subsection 3 of NRS 481.0481;

3-3 15. Legislative police officers of the State of Nevada;

16. The personnel of the capitol police division of the department of

3-4 motor vehicles and public safety appointed pursuant to subsection 2 of

NRS 331.140;

3-5 17. Parole counselors of the division of child and family services of

3-6 the department of human resources;

18. Juvenile probation officers and deputy juvenile probation

3-7 officers employed by the various judicial districts in the State of Nevada

or by a department of family, youth and juvenile services established

3-8 pursuant to NRS 62.1264 whose official duties require them to enforce

3-9 court orders on juvenile offenders and make arrests;

19. Field investigators of the taxicab authority;

3-10 20. Security officers employed full time by a city or county whose

official duties require them to carry weapons and make arrests; and

3-11 21. The chief of a department of alternative sentencing created

3-12 pursuant to NRS 211A.080 and the assistant alternative sentencing

officers employed by that department.

3-13 Sec. 6. "Category III peace officer" means a peace officer whose

authority is limited to correctional services, including the superintendents

3-14 and correctional officers of the department of prisons.

3-15 Sec. 7. "Commission" means the peace officers’ standards and

training commission.

3-16 Sec. 8. 1. The peace officers’ standards and training commission,

consisting of seven members appointed by the governor, is hereby

3-17 created. The governor shall appoint:

3-18 (a) One member from Clark County;

(b) One member from Washoe County;

3-19 (c) Two members from counties other than Clark and Washoe

counties;

3-20 (d) One member from a state law enforcement agency that primarily

3-21 employs peace officers required to receive training as category I peace

officers;

3-22 (e) One member who is a category II peace officer; and

(f) One member who is a category III peace officer.

3-23 2. Members of the commission serve terms of 2 years. Members serve

3-24 without compensation, but are entitled to the per diem allowance and travel expenses provided by law for state officers and employees

3-25 generally.

3-26 3. The governor shall make the appointments to the commission

3-27 from recommendations submitted by Clark County, Washoe County,

professional organizations of sheriffs and police chiefs of this state,

3-28 category II peace officers and category III peace officers.

Sec. 9. 1. The commission:

3-29 (a) Shall meet at the call of the chairman, who must be elected by a

3-30 majority vote of the members of the commission.

(b) Shall provide for and encourage the training and education of

3-31 persons whose primary duty is law enforcement to ensure the safety of

the residents of and visitors to this state.

3-32 (c) Shall adopt regulations establishing minimum standards for the

3-33 certification and decertification, recruitment, selection and training of

peace officers. The regulations must establish:

3-34 (1) Requirements for basic training for category I, category II and

category III peace officers and reserve peace officers;

3-35 (2) Standards for programs for the continuing education of peace

3-36 officers, including minimum courses of study and requirements

concerning attendance;

3-37 (3) Qualifications for instructors of peace officers; and

(4) Requirements for the certification of a course of training.

3-38 (d) Shall, when necessary, present courses of training and continuing

3-39 education courses for category I, category II and category III peace

officers and reserve peace officers.

3-40 (e) May make necessary inquiries to determine whether the agencies

of this state and of the local governments are complying with standards

3-41 set forth in its regulations.

3-42 (f) Shall carry out the duties required of the commission pursuant to

NRS 432B.610 and 432B.620.

3-43 (g) May perform any other acts that may be necessary and appropriate

to the functions of the commission as set forth in sections 3 to 17,

3-44 inclusive, of this act.

3-45 2. Regulations adopted by the commission:

(a) Apply to all agencies of this state and of local governments in this

3-46 state that employ persons as peace officers;

(b) Must require that all peace officers receive training in the

3-47 handling of cases involving abuse or neglect of children or missing

3-48 children; and

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

3-49 approves in those regulations.

Sec. 10. The commission, by majority vote of its members, shall

3-50 appoint an executive director of the commission. The executive director:

1. Must be selected with special reference to his training, experience,

4-1 capacity and interest in the field of administering laws and regulations

relating to the training of peace officers.

4-2 2. Is in the unclassified service of the state.

4-3 3. Shall not pursue any other business or occupation, or perform any

other duties of any other office of profit without the prior approval of the

4-4 commission.

4. May be removed by the commission, by a majority vote of its

4-5 members, at any time for cause.

4-6 Sec. 11. With the advice of the commission, the executive director of

the commission may:

4-7 1. Appoint employees, agents, consultants and other staff of the

commission and prescribe their duties;

4-8 2. Administer and direct the daily operation of the staff and

4-9 resources of the commission;

3. Inspect academies for training peace officers, and issue and

4-10 revoke certificates of approval to such academies;

4. Certify qualified instructors for approved courses of training for

4-11 peace officers and issue appropriate certificates to instructors;

4-12 5. Certify peace officers who have satisfactorily completed courses of

training for peace officers and issue basic, intermediate, advanced and

4-13 management professional certificates to peace officers;

6. Make recommendations to the commission concerning the

4-14 issuance of executive certificates;

4-15 7. Cause annual audits to be made relating to the operation of

academies for training peace officers;

4-16 8. Consult and cooperate with academies for training peace officers

concerning the development of the basic and advanced training

4-17 programs for peace officers;

4-18 9. Consult and cooperate with academies for training peace officers

concerning the development of specialized courses of study in this state

4-19 for peace officers in the areas of police science, police administration,

corrections, probation, the social sciences and other related areas;

4-20 10. Consult and cooperate with other departments and agencies of

4-21 this state and of local governments concerning the training of peace

officers;

4-22 11. Report to the commission at the regular meetings of the

commission and at such other times as the commission may require, and

4-23 recommend the denial, suspension or revocation of certification of a

4-24 peace officer to the commission as deemed necessary;

12. Execute contracts on behalf of the commission; and

4-25 13. Perform any other acts necessary and appropriate to the carrying

out of his duties.

5-1 Sec. 12. 1. An account for the training of peace officers is hereby

created in the state general fund. The account must be administered by

5-2 the executive director of the commission. The executive director may

apply for, accept and expend any gift, donation, bequest, grant or other

5-3 source of money or other financial assistance from any person,

5-4 association, corporation or other organization having an interest in the

training of peace officers, and from the United States and any of its

5-5 agencies or instrumentalities, for deposit in the account. The money in

the account must be expended in accordance with the terms and

5-6 conditions of the gift, donation, bequest or grant, or in accordance with

5-7 subsection 2.

2. Except as otherwise provided in subsection 1, the money in the

5-8 account may be used only for the training of persons whose primary duty

is law enforcement or for other purposes approved by the commission.

5-9 Sec. 13. The persons upon whom some or all of the powers of a

5-10 peace officer are conferred pursuant to NRS 289.150 to 289.360,

inclusive, must be certified by the commission, except:

5-11 1. The chief parole and probation officer;

2. The director of the department of prisons;

5-12 3. The state fire marshal;

5-13 4. The director of the department of motor vehicles and public safety,

the deputy directors of the department, the chiefs of the divisions of the

5-14 department other than the investigation division, and the members of the

state disaster identification team of the division of emergency

5-15 management of the department;

5-16 5. The commissioner of insurance and his chief deputy;

6. Railroad policemen; and

5-17 7. California correctional officers.

Sec. 14. An application for certification as a peace officer must

5-18 include the social security number of the applicant.

5-19 Sec. 15. 1. An applicant for certification as a peace officer shall

submit to the peace officers’ standards and training commission the

5-20 statement prescribed by the welfare division of the department of human

resources pursuant to NRS 425.520. The statement must be completed

5-21 and signed by the applicant.

5-22 2. The commission shall include the statement required pursuant to

subsection 1 in:

5-23 (a) The application or any other forms that must be submitted for the

issuance of the certification; or

5-24 (b) A separate form prescribed by the commission.

5-25 3. An applicant may not be certified by the commission if the

applicant for certification:

5-26 (a) Fails to submit the statement required pursuant to subsection 1; or

5-27 (b) Indicates on the statement submitted pursuant to subsection 1 that

5-28 he is subject to a court order for the support of a child and is not in

compliance with the order or a plan approved by the district attorney or

5-29 other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

5-30 4. If an applicant indicates on the statement submitted pursuant to

5-31 subsection 1 that he is subject to a court order for the support of a child

and is not in compliance with the order or a plan approved by the district

5-32 attorney or other public agency enforcing the order for the repayment of

the amount owed pursuant to the order, the commission shall advise the

5-33 applicant to contact the district attorney or other public agency enforcing

5-34 the order to determine the actions that the applicant may take to satisfy

the arrearage.

5-35 Sec. 16. 1. If the peace officers’ standards and training

commission receives a copy of a court order issued pursuant to NRS

5-36 425.540 that provides for the suspension of all professional, occupational

5-37 and recreational licenses, certificates and permits issued to a person who

has been certified as a peace officer, the commission shall deem the

5-38 person’s certification to be suspended at the end of the 30th day after the

date on which the court order was issued unless the commission receives

5-39 a letter issued by the district attorney or other public agency pursuant to

5-40 NRS 425.550 to the person who has been certified stating that the person

has complied with the subpoena or warrant or has satisfied the arrearage

5-41 pursuant to NRS 425.560.

2. The peace officers’ standards and training commission shall

5-42 reinstate a certification as a peace officer that has been suspended by a

5-43 district court pursuant to NRS 425.540 if the commission receives a letter

issued by the district attorney or other public agency pursuant to NRS

5-44 425.550 to the person whose certification was suspended stating that the

person whose certification was suspended has complied with the

5-45 subpoena or warrant or has satisfied the arrearage pursuant to NRS

5-46 425.560.

Sec. 17. 1. As a condition of the certification of a peace officer

5-47 employed by an agency that authorizes the use of a choke hold in the

course of his duties, the peace officers’ standards and training

5-48 commission shall require the peace officer to be trained in the proper use

5-49 of the choke hold. In addition, the commission shall require annual

training and recertification in the proper use of the choke hold if the

5-50 agency employing the peace officer continues to authorize the official

use of the choke hold.

6-1 2. The commission shall adopt regulations regarding the minimum

training and testing required to comply with the requirements of

6-2 subsection 1 and the manner in which each such agency shall

demonstrate its continuing compliance with the requirements of

6-3 subsection 1.

6-4 Sec. 18. NRS 289.010 is hereby amended to read as follows:

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

6-5 1. "Choke hold" means the holding of a person’s neck in a manner

specifically intended to restrict the flow of oxygen or blood to the

6-6 person’s lungs or brain. The term includes the arm-bar restraint, carotid

6-7 restraint and lateral vascular neck restraint.

2. "Peace officer" means any person upon whom some or all of the

6-8 powers of a peace officer are conferred pursuant to NRS 289.150 to

289.360, inclusive.

6-9 [2.] 3. "Punitive action" means any action which may lead to dismissal,

6-10 demotion, suspension, reduction in salary, written reprimand or transfer of

a peace officer for purposes of punishment.

6-11 Sec. 19. NRS 289.360 is hereby amended to read as follows:

289.360 1. For the purpose of the administration and enforcement of

6-12 the provisions of chapter 205 of NRS involving a crime against the

6-13 property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of

NRS, the members of the state gaming control board and the Nevada

6-14 gaming commission and those agents of the board whose duties include the

enforcement, or the investigation of suspected violations, of statutes or

6-15 regulations, have the powers of a peace officer.

6-16 2. An agent of the state gaming control board whose duties include the

enforcement, or the investigation of suspected violations, of statutes or

6-17 regulations, and who has been certified by the peace officers’ standards and

training [committee,] commission, also has the powers of a peace officer

6-18 when, during the performance of those duties:

6-19 (a) A felony, gross misdemeanor or misdemeanor is committed or

attempted in his presence; or

6-20 (b) He is given reasonable cause to believe that a person has committed

a felony or gross misdemeanor outside of his presence.

6-21 3. For the purpose of protecting members of the state gaming control

6-22 board and of the Nevada gaming commission and their families and

property, and providing security at meetings of the board and of the

6-23 commission, an agent of the board whose duties include the enforcement of

statutes or regulations has the powers of a peace officer.

6-24 Sec. 20. NRS 289.410 is hereby amended to read as follows:

6-25 289.410 1. A peace officer shall not use a choke hold on any other

person unless:

(a) The agency employing the peace officer authorizes the use of the

7-1 choke hold by its peace officers in the course of their duties; and

7-2 (b) The peace officer has successfully completed training in the proper

use of the choke hold and holds current certification for its use by the

7-3 agency which employs him.

2. If a law enforcement agency finds that a peace officer has violated

7-4 the provisions of subsection 1, the peace officer is subject to such

7-5 disciplinary action as is provided for such an offense by the agency.

3. Each agency in this state which employs a peace officer shall adopt

7-6 regulations which govern whether the use of a choke hold by its officers

during the course of their duties is authorized. If an agency authorizes such

7-7 a use of a choke hold, the agency shall also adopt regulations which

7-8 specifically address:

(a) The manner in which a peace officer, certified for use of a choke

7-9 hold, is authorized to use the hold in the course of his duties;

(b) The manner in which records of training, certification and

7-10 recertification will be maintained to ensure compliance with any applicable

7-11 statutory or other related requirements; and

(c) The consequences of unauthorized or uncertified use of a choke

7-12 hold.

[4. As used in this section, "choke hold" means the holding of a

7-13 person’s neck in a manner specifically intended to restrict the flow of

7-14 oxygen or blood to the person’s lungs or brain. The term includes the arm-

bar restraint, carotid restraint and lateral vascular neck restraint.]

7-15 Sec. 21. NRS 176.059 is hereby amended to read as follows:

176.059 1. Except as otherwise provided in subsection 2, when a

7-16 defendant pleads guilty or guilty but mentally ill or is found guilty of a

7-17 misdemeanor, including the violation of any municipal ordinance, the

justice or judge shall include in the sentence the sum prescribed by the

7-18 following schedule as an administrative assessment and render a judgment

against the defendant for the assessment:

7-19 Fine Assessment

$5 to $49 $15

7-20 50 to 59 30

60 to 69 35

7-21 70 to 79 40

80 to 89 45

7-22 90 to 99 50

100 to 199 60

7-23 200 to 299 70

7-24 300 to 399 80

7-25

Fine Assessment

7-26 400 to 499 $90

500 to 1,000 105

7-27 2. The provisions of subsection 1 do not apply to:

(a) An ordinance regulating metered parking; or

7-28 (b) An ordinance which is specifically designated as imposing a civil

penalty or liability pursuant to NRS 244.3575 or 268.019.

7-29 3. The money collected for an administrative assessment must not be

7-30 deducted from the fine imposed by the justice or judge but must be taxed

against the defendant in addition to the fine. The money collected for an

7-31 administrative assessment must be stated separately on the court’s docket

and must be included in the amount posted for bail. If the defendant is

7-32 found not guilty or the charges are dismissed, the money deposited with the

7-33 court must be returned to the defendant. If the justice or judge cancels a

fine because the fine has been determined to be uncollectible, any balance

7-34 of the fine and the administrative assessment remaining unpaid shall be

deemed to be uncollectible and the defendant is not required to pay it. If a

7-35 fine is determined to be uncollectible, the defendant is not entitled to a

7-36 refund of the fine or administrative assessment he has paid and the justice

or judge shall not recalculate the administrative assessment.

7-37 4. If the justice or judge permits the fine and administrative assessment

to be paid in installments, the payments must be first applied to the unpaid

7-38 balance of the administrative assessment. The city treasurer shall distribute

7-39 partially collected administrative assessments in accordance with the

requirements of subsection 5. The county treasurer shall distribute partially

7-40 collected administrative assessments in accordance with the requirements

of subsection 6.

7-41 5. The money collected for administrative assessments in municipal

7-42 court must be paid by the clerk of the court to the city treasurer on or

before the fifth day of each month for the preceding month. The city

7-43 treasurer shall distribute, on or before the 15th day of that month, the

money received in the following amounts for each assessment received:

7-44 (a) Two dollars to the county treasurer for credit to a special account in

7-45 the county general fund for the use of the county’s juvenile court or for

services to juvenile offenders. Any money remaining in the special account

7-46 after 2 fiscal years must be deposited in the county general fund if it has not

been committed for expenditure. The county treasurer shall provide, upon

7-47 request by a juvenile court, monthly reports of the revenue credited to and

7-48 expenditures made from the special account.

(b) Seven dollars for credit to a special revenue fund for the use of the municipal courts. Any money 7-49 remaining in the special revenue fund after 2

fiscal years must be deposited in the municipal general fund if it has not

8-1 been committed for expenditure. The city treasurer shall provide, upon

request by a municipal court, monthly reports of the revenue credited to

8-2 and expenditures made from the special revenue fund.

(c) The remainder of each assessment to the state treasurer for credit to a

8-3 special account in the state general fund.

8-4 6. The money collected for administrative assessments in justices’

courts must be paid by the clerk of the court to the county treasurer on or

8-5 before the fifth day of each month for the preceding month. The county

treasurer shall distribute, on or before the 15th day of that month, the

8-6 money received in the following amounts for each assessment received:

8-7 (a) Two dollars for credit to a special account in the county general fund

for the use of the county’s juvenile court or for services to juvenile

8-8 offenders. Any money remaining in the special account after 2 fiscal years

must be deposited in the county general fund if it has not been committed

8-9 for expenditure. The county treasurer shall provide, upon request by a

8-10 juvenile court, monthly reports of the revenue credited to and expenditures

made from the special account.

8-11 (b) Seven dollars for credit to a special revenue fund for the use of the

justices’ courts. Any money remaining in the special revenue fund after 2

8-12 fiscal years must be deposited in the county general fund if it has not been

8-13 committed for expenditure. The county treasurer shall provide, upon

request by a justice’s court, monthly reports of the revenue credited to and

8-14 expenditures made from the special revenue fund.

(c) The remainder of each assessment to the state treasurer for credit to a

8-15 special account in the state general fund.

8-16 7. The money apportioned to a juvenile court, a justice’s court or a

municipal court pursuant to this section must be used, in addition to

8-17 providing services to juvenile offenders in the juvenile court, to improve

the operations of the court, or to acquire appropriate advanced technology

8-18 or the use of such technology, or both. Money used to improve the

8-19 operations of the court may include expenditures for:

(a) Training and education of personnel;

8-20 (b) Acquisition of capital goods;

(c) Management and operational studies; or

8-21 (d) Audits.

8-22 8. Of the total amount deposited in the state general fund pursuant to

subsections 5 and 6, the state controller shall distribute the money received,

8-23 to the extent of legislative authorization, to the following public agencies in

the following manner:

8-24 (a) Not less than 51 percent must be distributed to the office of the court

8-25 administrator for allocation as follows:

(1) Eighteen and one-half percent of the amount distributed to the

8-26 office of the court administrator for the administration of the courts.

8-27 (2) Nine percent of the amount distributed to the office of the court

8-28 administrator for the development of a uniform system for judicial records.

(3) Nine percent of the amount distributed to the office of the court

8-29 administrator for continuing judicial education.

(4) Sixty percent of the amount distributed to the office of the court

8-30 administrator for the supreme court.

8-31 (5) Three and one-half percent of the amount distributed to the office

of the court administrator for the payment for the services of retired justices

8-32 and retired district judges.

(b) Not [more than 49] less than 14 percent must be distributed to the

8-33 peace officers’ standards and training commission to be used for the

8-34 support of the peace officers’ standards and training commission. All

money distributed to the peace officers’ standards and training

8-35 commission pursuant to this paragraph must be accounted for

separately. Any money remaining in the account at the end of a fiscal

8-36 year that is not committed for expenditure does not revert to the state

8-37 general fund, but remains in the account for use by the peace officers’

standards and training commission in carrying out its duties and

8-38 responsibilities prescribed by law.

(c) Not more than 35 percent must be used to the extent of legislative

8-39 authorization for the support of:

8-40 (1) The central repository for Nevada records of criminal history;

(2) [The peace officers’ standards and training committee of the

8-41 department of motor vehicles and public safety for the continuing education

of persons whose primary duties are law enforcement;

8-42 (3)] The operation by the Nevada highway patrol of a computerized

8-43 switching system for information related to law enforcement; and

[(4)] (3) The fund for the compensation of victims of crime.

8-44 9. As used in this section, "juvenile court" means:

(a) In any judicial district that includes a county whose population is

8-45 100,000 or more, the family division of the district court; or

8-46 (b) In any other judicial district, the juvenile division of the district

court.

8-47 Sec. 22. NRS 228.470 is hereby amended to read as follows:

228.470 1. The attorney general shall appoint a committee on

8-48 domestic violence comprised of:

8-49 (a) One staff member of a program for victims of domestic violence;

(b) One staff member of a program for the treatment of persons who

8-50 commit domestic violence;

(c) One representative from an office of the district attorney with

8-51 experience in prosecuting criminal offenses;

8-52 (d) One representative from an office of the city attorney with experience in prosecuting criminal offenses;

(e) One law enforcement officer;

9-1 (f) One provider of mental health care;

9-2 (g) Two victims of domestic violence; and

(h) One person who:

9-3 (1) Has successfully completed a program for the treatment of

persons who commit domestic violence;

9-4 (2) Has not committed a violent act following such treatment; and

9-5 (3) Has demonstrated leadership by assisting persons who commit

domestic violence or victims of domestic violence.

9-6 At least two members of the committee must be residents of a county whose

population is less than 100,000.

9-7 2. The committee shall:

9-8 (a) Adopt regulations for the evaluation, certification and monitoring of

programs for the treatment of persons who commit domestic violence;

9-9 (b) Review, monitor and certify programs for the treatment of persons

who commit domestic violence;

9-10 (c) Review and evaluate existing programs provided to peace officers

9-11 for training related to domestic violence and make recommendations to the

peace officers’ standards and training [committee] commission regarding

9-12 such training;

(d) To the extent that money is available, arrange for the provision of

9-13 legal services, including, without limitation, assisting a person in an action

9-14 for divorce; and

(e) Submit on or before March 1 of each odd-numbered year a report to

9-15 the director of the legislative counsel bureau for distribution to the regular

session of the legislature. The report must include, without limitation, a

9-16 summary of the work of the committee and recommendations for any

9-17 necessary legislation concerning domestic violence.

3. The committee shall, at its first meeting and annually thereafter,

9-18 elect a chairman from among its members.

4. The committee shall meet regularly at least semiannually and may

9-19 meet at other times upon the call of the chairman. Any five members of the

9-20 committee constitute a quorum for the purpose of voting. A majority vote

of the quorum is required to take action with respect to any matter.

9-21 5. The attorney general shall provide the committee with such staff as

is necessary to carry out the duties of the committee.

9-22 6. While engaged in the business of the committee, each member and

9-23 employee of the committee is entitled to receive the per diem allowance

and travel expenses provided for state officers and employees generally.

9-24 Sec. 23. NRS 432B.610 is hereby amended to read as follows:

432B.610 1. The peace officers’ standards and training [committee]

9-25 commission shall:

(a) Require each category I peace officer to complete a program of

10-1 training for the detection and investigation of and response to cases of

sexual abuse or sexual exploitation of children under the age of 18 years.

10-2 (b) Not certify any person as a category I peace officer unless he has

10-3 completed the program of training required pursuant to paragraph (a).

(c) Establish a program to provide the training required pursuant to

10-4 paragraph (a).

(d) Adopt regulations necessary to carry out the provisions of this

10-5 section.

10-6 2. As used in this section, "category I peace officer" means:

(a) Sheriffs of counties and of metropolitan police departments, their

10-7 deputies and correctional officers;

(b) Personnel of the Nevada highway patrol appointed to exercise the

10-8 police powers specified in NRS 481.150 and 481.180;

10-9 (c) Marshals, policemen and correctional officers of cities and towns;

(d) Members of the police department of the University and Community

10-10 College System of Nevada;

(e) Employees of the division of state parks of the state department of

10-11 conservation and natural resources designated by the administrator of the

10-12 division who exercise police powers specified in NRS 289.260;

(f) The chief, investigators and agents of the investigation division of the

10-13 department of motor vehicles and public safety; and

(g) The personnel of the division of wildlife of the state department of

10-14 conservation and natural resources who exercise those powers of

10-15 enforcement conferred by Title 45 and chapter 488 of NRS.

Sec. 24. NRS 432B.620 is hereby amended to read as follows:

10-16 432B.620 1. A peace officer assigned to investigate regularly cases

of sexual abuse or sexual exploitation of children under the age of 18 years

10-17 must be certified to carry out those duties by the peace officers’ standards

10-18 and training [committee.] commission.

2. The peace officers’ standards and training [committee] commission

10-19 shall require each peace officer assigned to investigate regularly cases of

sexual abuse or sexual exploitation of children under the age of 18 years to

10-20 complete, within 1 year after he is assigned to investigate those cases and

10-21 each year thereafter, a program of training for the detection and

investigation of and response to cases of sexual abuse or sexual

10-22 exploitation of children under the age of 18 years.

3. If a law enforcement agency does not have a peace officer who is

10-23 certified to investigate cases of sexual abuse or sexual exploitation of

10-24 children under the age of 18 years pursuant to NRS 432B.610, it may consult with a peace officer of another law enforcement agency who is so

10-25 certified.

10-26 4. The peace officers’ standards and training [committee] commission

10-27 shall:

(a) Establish the program of training required pursuant to subsection 2.

10-28 (b) Adopt regulations necessary to carry out the provisions of this

section.

10-29 5. The provisions of this section do not prohibit a peace officer who is

10-30 not certified to investigate cases of sexual abuse or sexual exploitation of

children under the age of 18 years pursuant to NRS 432B.610 from

10-31 testifying or presenting evidence at any proceeding relating to the sexual

abuse or sexual exploitation of a child under the age of 18 years.

10-32 Sec. 25. NRS 459.920 is hereby amended to read as follows:

10-33 459.920 1. A person or governmental entity shall not operate or

display or cause to be operated or displayed a radar gun or similar device

10-34 unless it is:

(a) On the Consumer Products List of the International Association of

10-35 Chiefs of Police; and

10-36 (b) Inspected at least every 3 years to determine whether its level of

power and structural integrity comply with the minimum performance

10-37 specifications for that model established by the United States Department

of Transportation.

10-38 2. Any person or governmental entity that causes to be operated or

10-39 displayed a radar gun or similar device that emits nonionizing radiation

shall adopt procedures for its use that protect the health and safety of the

10-40 operator of the radar gun or device.

3. A peace officer must successfully complete a course of training in

10-41 the proper use of a radar gun or similar device approved by the peace

10-42 officers’ standards and training [committee of the department of motor

vehicles and public safety] commission before he may be authorized to

10-43 operate a radar gun or similar device.

Sec. 26. NRS 481.083 is hereby amended to read as follows:

10-44 481.083 1. Except for the operation of [the peace officers’ standards

10-45 and training committee,] the investigation division, the division of

emergency management, the state fire marshal division, the division of

10-46 parole and probation and the capitol police division of the department,

money for the administration of the provisions of this chapter must be

10-47 provided by direct legislative appropriation from the state highway fund

10-48 upon the presentation of budgets in the manner required by law.

2. All money provided for the support of the department and its various

10-49 divisions must be paid out on claims approved by the director in the same

manner as other claims against the state are paid.

11-1 Sec. 27. NRS 481.243 is hereby amended to read as follows:

481.243 1. If circumstances require the appointment of persons with

11-2 special skills or training, the chief of the investigation division may appoint

persons as investigators who have those special skills or training and have

11-3 completed the requirements for the training of a category I peace officer .

11-4 [pursuant to NRS 481.053.] A person appointed as an investigator has the

powers of a peace officer while carrying out the duties assigned to him by

11-5 the chief or a person designated by the chief.

2. As used in this section, "category I peace officer" has the meaning

11-6 ascribed to it in NRS 432B.610.

11-7 Sec. 28. 1. Notwithstanding any specific statute to the contrary, the

terms of office of all members of the peace officers’ standards and training

11-8 committee expire on June 30, 1999.

2. Not later than July 1, 1999, the governor shall appoint seven persons

11-9 as members of the peace officers’ standards and training commission,

11-10 whose terms commence on July 1, 1999. Notwithstanding the provisions of

section 8 of this act to the contrary, for the initial terms of the members of

11-11 the peace officers’ standards and training commission, the governor shall

appoint:

11-12 (a) Four members to 2-year terms; and

11-13 (b) Three members to 1-year terms.

Sec. 29. 1. Any administrative regulations adopted by the peace

11-14 officers’ standards and training committee shall be deemed to have been

adopted by the peace officers’ standards and training commission and

11-15 remain in force until amended by the commission.

11-16 2. Any contract or other agreement entered into by the peace officers’

standards and training committee shall be deemed to have been entered

11-17 into, and are binding upon and may be enforced by, the peace officers’

standards and training commission.

11-18 3. Any certification issued or other action taken by the peace officers’

11-19 standards and training committee shall be deemed to have been issued or

taken, and remains in effect as if issued or taken, by the peace officers’

11-20 standards and training commission.

Sec. 30. The amendatory provisions of sections 14, 15 and 16 of this

11-21 act expire by limitation on the date on which the provisions of 42 U.S.C. §

11-22 666 requiring each state to establish procedures under which the state has

authority to withhold or suspend, or to restrict the use of professional,

11-23 occupational and recreational licenses of persons who:

1. Have failed to comply with a subpoena or warrant relating to a

11-24 proceeding to determine the paternity of a child or to establish or enforce

11-25 an obligation for the support of a child; or

11-26 2. Are in arrears in the payment for the support of one or more

children,

11-27 are repealed by the Congress of the United States.

11-28 Sec. 31. NRS 481.053, 481.054, 481.0541, 481.0542, 481.0543 and

481.0545 are hereby repealed.

11-29 Sec. 32. 1. This section and section 28 of this act become effective

upon passage and approval.

11-30 2. Sections 1 to 27, inclusive, 29, 30 and 31 of this act become

11-31 effective on July 1, 1999.

 

LEADLINES OF REPEALED SECTIONS

 

481.053 Peace officers’ standards and training committee:

11-32 Appointment, terms, compensation and expenses of members; duties;

11-33 regulations.

481.054 Peace officers’ standards and training committee: Persons

11-34 required to be certified by committee; exceptions.

481.0541 Peace officers’ standards and training committee:

11-35 Application for certification as peace officer to include social security

11-36 number.

481.0542 Peace officers’ standards and training committee:

11-37 Submission of statement by applicant for certification as peace officer

regarding payment of child support; grounds for denial of

11-38 certification; duty of committee.

11-39 481.0543 Peace officers’ standards and training committee:

Suspension of certification as peace officer for failure to pay child

11-40 support or comply with certain subpoenas or warrants; reinstatement

of certification.

11-41 481.0545 Peace officers’ standards and training committee:

11-42 Training in proper use of choke hold as condition of certification;

annual training and recertification; regulations.

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