SB68

Senate Bill No. 68–Senator Jacobsen

CHAPTER........

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;

and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. NRS 284.174 is hereby amended to read as follows:

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

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

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

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

independent contractors to provide such services.

2. An independent contractor with whom a state agency contracts

pursuant to subsection 1 must:

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

or employed by a person so licensed; and

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

requirements as law enforcement personnel certified by the peace officers’

standards and training [~~committee]~~ commission created pursuant to [~~NRS~~

~~481.053.]~~ section 8 of this act.

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

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

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

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

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

sections.

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

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

category III peace officer.

Sec. 5. "Category II peace officer" means:

1. The bailiff of the supreme court;

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

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

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

carry weapons and make arrests;

4. Inspectors employed by the transportation services authority who

exercise those powers of enforcement conferred by chapters 706 and 712

of NRS;

5. Parole and probation officers

;

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

any district attorney or the attorney general;

7. Investigators of arson for fire departments who are specially

designated by the appointing authority;

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

9. The brand inspectors of the division of agriculture of the

department of business and industry who exercise the powers of

enforcement conferred by chapter 565 of NRS;

10. Investigators for the state forester firewarden who are specially

designated by him and whose primary duties are related to the

investigation of arson;

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

county school district;

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

those agents whose duties relate primarily to auditing, accounting, the

collection of taxes or license fees, or the investigation of applicants for

licenses;

13. Investigators and administrators of the bureau of enforcement of

the registration division of the department of motor vehicles and public

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

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

emissions from vehicles of the registration division of the department of

motor vehicles and public safety who perform the duties specified in

subsection 3 of NRS 481.0481;

15. Legislative police officers of the State of Nevada;

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

motor vehicles and public safety appointed pursuant to subsection 2 of

NRS 331.140;

17. Parole counselors of the division of child and family services of

the department of human resources;

18. Juvenile probation officers and deputy juvenile probation

officers employed by the various judicial districts in the State of Nevada

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

pursuant to NRS 62.1264 whose official duties require them to enforce

court orders on juvenile offenders and make arrests;

19. Field investigators of the taxicab authority;

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

official duties require them to carry weapons and make arrests;

21. The chief of a department of alternative sentencing created

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

officers employed by that department; and

22. Criminal investigators who are employed by the secretary of

state.

Sec. 6. "Category III peace officer" means a peace officer whose

authority is limited to correctional services, including the superintendents

and correctional officers of the department of prisons.

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

training commission.

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

consisting of seven members appointed by the governor, is hereby

created. The governor shall appoint:

(a) One member from Clark County;

(b) One member from Washoe County;

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

counties;

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

employs peace officers required to receive training as category I peace

officers;

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

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

2. Members of the commission serve terms of 2 years. Members serve

without compensation, but are entitled to the per diem allowance and

travel expenses provided by law for state officers and employees

generally.

3. The governor shall make the appointments to the commission

from recommendations submitted by Clark County, Washoe County,

professional organizations of sheriffs and police chiefs of this state and

employee organizations that represent only peace officers of this state

who are certified by the commission.

Sec. 9. 1. The commission:

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

majority vote of the members of the commission.

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

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

the residents of and visitors to this state.

(c) Shall adopt regulations establishing minimum standards for the

certification and decertification, recruitment, selection and training of

peace officers. The regulations must establish:

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

category III peace officers and reserve peace officers;

(2) Standards for programs for the continuing education of peace

officers, including minimum courses of study and requirements

concerning attendance;

(3) Qualifications for instructors of peace officers; and

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

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

education courses for category I, category II and category III peace

officers and reserve peace officers.

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

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

set forth in its regulations.

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

NRS 432B.610 and 432B.620.

(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,

inclusive, of this act.

2. Regulations adopted by the commission:

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

state that employ persons as peace officers;

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

handling of cases involving abuse or neglect of children or missing

children; and

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

approves in those regulations.

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

appoint an executive director of the commission. The executive director:

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

capacity and interest in the field of administering laws and regulations

relating to the training of peace officers.

2. Is in the unclassified service of the state.

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

commission.

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

members, at any time for cause.

Sec. 11. With the advice of the commission, the executive director of

the commission may:

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

commission and prescribe their duties;

2. Administer and direct the daily operation of the staff and

resources of the commission;

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

revoke certificates of approval to such academies;

4. Certify qualified instructors for approved courses of training for

peace officers and issue appropriate certificates to instructors;

5. Certify peace officers who have satisfactorily completed courses of

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

management professional certificates to peace officers;

6. Make recommendations to the commission concerning the

issuance of executive certificates;

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

academies for training peace officers;

8. Consult and cooperate with academies for training peace officers

concerning the development of the basic and advanced training

programs for peace officers;

9. Consult and cooperate with academies for training peace officers

concerning the development of specialized courses of study in this state

for peace officers in the areas of police science, police administration,

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

10. Consult and cooperate with other departments and agencies of

this state and of local governments concerning the training of peace

officers;

11. Report to the commission at the regular meetings of the

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

recommend the denial, suspension or revocation of certification of a

peace officer to the commission as deemed necessary;

12. Execute contracts on behalf of the commission; and

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

out of his duties.

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

the executive director of the commission. The executive director may

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

source of money or other financial assistance from any person,

association, corporation or other organization having an interest in the

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

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

the account must be expended in accordance with the terms and

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

subsection 2.

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

account may be used only for the training of persons whose primary duty
is law enforcement or for other purposes approved by the commission.

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

peace officer are conferred pursuant to NRS 289.150 to 289.360,

inclusive, must be certified by the commission, except:

1. The chief parole and probation officer;

2. The director of the department of prisons;

3. The state fire marshal;

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

department other than the investigation division, and the members of the

state disaster identification team of the division of emergency

management of the department;

5. The commissioner of insurance and his chief deputy;

6. Railroad policemen; and

7. California correctional officers
.

Sec. 14. An application for certification as a peace officer must
include the social security number of the applicant.

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

submit to the peace officers’ standards and training commission the

statement prescribed by the welfare division of the department of human

resources pursuant to NRS 425.520. The statement must be completed

and signed by the applicant.

2. The commission shall include the statement required pursuant to

subsection 1 in:

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

issuance of the certification; or

(b) A separate form prescribed by the commission.

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

applicant for certification:

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

(b) Indicates on the statement submitted pursuant to 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 attorney or

other public agency enforcing the order for the repayment of the amount

owed pursuant to the order.

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

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

attorney or other public agency enforcing the order for the repayment of

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

applicant to contact the district attorney or other public agency enforcing

the order to determine the actions that the applicant may take to satisfy
the arrearage.

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

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

425.540 that provides for the suspension of all professional, occupational

and recreational licenses, certificates and permits issued to a person who

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

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

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

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

pursuant to NRS 425.560.

2. The peace officers’ standards and training commission shall

reinstate a certification as a peace officer that has been suspended by a

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

425.550 to the person whose certification was suspended stating that the
person whose certification was suspended has complied with the

subpoena or warrant or has satisfied the arrearage pursuant to NRS

425.560.

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

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

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

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

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

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

agency employing the peace officer continues to authorize the official

use of the choke hold.

2. The commission shall adopt regulations regarding the minimum

training and testing required to comply with the requirements of

subsection 1 and the manner in which each such agency shall

demonstrate its continuing compliance with the requirements of
subsection 1.

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

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

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

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

restraint and lateral vascular neck restraint.

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

powers of a peace officer are conferred pursuant to NRS 289.150 to

289.360, inclusive, and section 1 of [~~this act.~~

~~2.]~~ Senate Bill No. 183 of this session.

3. "Punitive action" means any action which may lead to dismissal,

demotion, suspension, reduction in salary, written reprimand or transfer of

a peace officer for purposes of punishment.

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

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

the provisions of chapter 205 of NRS involving a crime against the

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

gaming commission and those agents of the board whose duties include the

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

regulations, have the powers of a peace officer.

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

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

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

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

when, during the performance of those duties:

(a) A felony, gross misdemeanor or misdemeanor is committed or

attempted in his presence; or

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

a felony or gross misdemeanor outside of his presence.
3. For the purpose of protecting members of the state gaming control

board and of the Nevada gaming commission and their families and

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

commission, an agent of the board whose duties include the enforcement of

statutes or regulations has the powers of a peace officer.

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

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

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

(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

agency which employs him.

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

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

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

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

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

specifically address:

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

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

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

recertification will be maintained to ensure compliance with any applicable

statutory or other related requirements; and

hold.

[~~4. As used in this section, "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 person’s lungs or brain. The term includes the arm-

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

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

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

defendant pleads guilty or guilty but mentally ill or is found guilty of a

misdemeanor, including the violation of any municipal ordinance, the

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

following schedule as an administrative assessment and render a judgment

against the defendant for the assessment:

Fine Assessment

$5 to $49 $15

50 to 59 30

60 to 69 35

70 to 79 4

0
80 to 89 $45

90 to 99 50

100 to 199 60

200 to 299 70

300 to 399 80

400 to 499 90

500 to 1,000 105

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

(a) An ordinance regulating metered parking; or

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

penalty or liability pursuant to NRS 244.3575 or 268.019.

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

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

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

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

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

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

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

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

or judge shall not recalculate the administrative assessment.

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

balance of the administrative assessment. The city treasurer shall distribute

partially collected administrative assessments in accordance with the

requirements of subsection 5. The county treasurer shall distribute partially

collected administrative assessments in accordance with the requirements

of subsection 6.

5. The money collected for administrative assessments in municipal

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

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

money received in the following amounts for each assessment received:

(a) Two dollars to the county treasurer 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 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 for expenditure. The county treasurer shall provide, upon

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

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 remaining in the special revenue fund after 2

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

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

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

and expenditures made from the special revenue fund.

special account in the state general fund.

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

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

money received in the following amounts for each assessment received:

(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

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

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

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

made from the special account.

(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

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

committed for expenditure. The county treasurer shall provide, upon

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

expenditures made from the special revenue fund.

special account in the state general fund.

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

providing services to juvenile offenders in the juvenile court, to improve

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

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

operations of the court may include expenditures for:

(a) Training and education of personnel;

(b) Acquisition of capital goods;

(d) Audits.

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,

to the extent of legislative authorization, to the following public agencies in

the following manner:

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

administrator for allocation as follows:

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

office of the court administrator for the administration of the courts.
(2) Nine percent of the amount distributed to the office of the court

administrator for the development of a uniform system for judicial records.

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

administrator for continuing judicial education.

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

administrator for the supreme court.

(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

and retired district judges.

(b) Not more than 49 percent must be used to the extent of legislative

authorization for the support of:

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

(2) The peace officer’s standards and training [~~committee of the~~

~~department of motor vehicles and public safety for the continuing education~~

~~of persons whose primary duties are law enforcement;]~~ commission;

(3) The operation by the Nevada highway patrol of a computerized

switching system for information related to law enforcement; and

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

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

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

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

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

court.

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

228.470 1. The attorney general shall appoint a committee on

domestic violence comprised of:

(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

commit domestic violence;

experience in prosecuting criminal offenses;

(d) One representative from an office of the city attorney with

experience in prosecuting criminal offenses;

(e) One law enforcement officer;

(f) One provider of mental health care;

(g) Two victims of domestic violence; and

(h) One person who:

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

persons who commit domestic violence;

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

(3) Has demonstrated leadership by assisting persons who commit

domestic violence or victims of domestic violence.

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

population is less than 100,000.

2. The committee shall

:
(a) Adopt regulations for the evaluation, certification and monitoring of

programs for the treatment of persons who commit domestic violence;

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

who commit domestic violence;

for training related to domestic violence and make recommendations to the

peace officers’ standards and training [~~committee]~~ commission regarding

such training;

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

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

for divorce; and

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

the director of the legislative counsel bureau for distribution to the regular

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

summary of the work of the committee and recommendations for any

necessary legislation concerning domestic violence.

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

elect a chairman from among its members.

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

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

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.

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

is necessary to carry out the duties of the committee.

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

employee of the committee is entitled to receive the per diem allowance

and travel expenses provided for state officers and employees generally.

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

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

commission shall:

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

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.

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

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

paragraph (a).

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

section.

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

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

deputies and correctional officers;

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

police powers specified in NRS 481.150 and 481.180;

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

College System of Nevada;

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

conservation and natural resources designated by the administrator of the

division who exercise police powers specified in NRS 289.260;

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

department of motor vehicles and public safety; and

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

conservation and natural resources who exercise those powers of

enforcement conferred by Title 45 and chapter 488 of NRS.

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

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

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

and training [~~committee.]~~ commission.

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

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

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

each year thereafter, a program of 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.

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

certified to investigate cases of sexual abuse or sexual exploitation of

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

certified.

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

shall:

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

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

section.

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

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

testifying or presenting evidence at any proceeding relating to the sexual

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

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

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

unless it is:

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

Chiefs of Police; and

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

power and structural integrity comply with the minimum performance
specifications for that model established by the United States Department

of Transportation.

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

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

operator of the radar gun or device.

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

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

officers’ standards and training [~~committee of the department of motor~~

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

operate a radar gun or similar device.

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

481.083 1. Except for the operation of [~~the peace officers’ standards~~

~~and training committee,]~~ the investigation division, the division of

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

parole and probation and the capitol police division of the department,

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

provided by direct legislative appropriation from the state highway fund

upon the presentation of budgets in the manner required by law.

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

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

manner as other claims against the state are paid.

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

481.243 1. If circumstances require the appointment of persons with

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

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

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

~~[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

the chief or a person designated by the chief.

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

ascribed to it in NRS 432B.610.

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

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

committee expire on June 30, 1999.

2. Notwithstanding the provisions of section 8 of this act to the

contrary:

(a) Not later than July 1, 1999, the governor shall appoint the seven

persons who are members of the peace officers’ standards and training

committee on the effective date of this section as the initial members of the

peace officers’ standards and training commission, whose terms commence

on July 1, 1999, and expire on the dates upon which their respective terms

on the former peace officers’ standards and training committee would have

expired.

(b) For the terms of the members of the peace officers’ standards

commission who are appointed after the terms of the initial members of the

peace officers’ standards commission expire, the governor shall appoint:

(1) Four members to serve until July 1, 2001; and

(2) Three members to serve until July 1, 2002.

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

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

adopted by the peace officers’ standards and training commission and

remain in force until amended by the commission.

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

standards and training committee shall be deemed to have been entered

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

standards and training commission.

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

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’

standards and training commission.

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

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

666 requiring each state to establish procedures under which the state has

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

occupational and recreational licenses of persons who:

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

proceeding to determine the paternity of a child or to establish or enforce

an obligation for the support of a child; or

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

children,

are repealed by the Congress of the United States.

Sec. 31. NRS 481.053, 481.054, 481.0541, 481.0542, 481.0543 and

481.0545 are hereby repealed.

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

upon passage and approval.

2. Sections 1 to 17, inclusive, 19 to 27, inclusive, 29 and 30 of this act

become effective on July 1, 1999.

3. Sections 18 and 31 of this act become effective at 12:01 a.m. on
July 1, 1999.