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.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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: 284.174 1. If personnel of the capitol police division of the1-3
department of motor vehicles and public safety are not available to provide1-4
security services for a building, office or other facility of a state agency, the1-5
state agency may, pursuant to NRS 284.173, contract with one or more1-6
independent contractors to provide such services.1-7
2. An independent contractor with whom a state agency contracts1-8
pursuant to subsection 1 must:1-9
(a) Be licensed as a private patrolman pursuant to chapter 648 of NRS1-10
or employed by a person so licensed; and1-11
(b) Possess the skills required of and meet the same physical1-12
requirements as law enforcement personnel certified by the peace officers’1-13
standards and training1-14
1-15
Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto the1-16
provisions set forth as sections 3 to 17, inclusive, of this act.1-17
Sec. 3. As used in sections 3 to 17, inclusive, of this act, unless the1-18
context otherwise requires, the words and terms defined in sections 4 to2-1
7, inclusive, of this act have the meanings ascribed to them in those2-2
sections.2-3
Sec. 4. "Category I peace officer" means a peace officer who has2-4
unrestricted duties and who is not otherwise listed as a category II or2-5
category III peace officer.2-6
Sec. 5. "Category II peace officer" means:2-7
1. The bailiff of the supreme court;2-8
2. The bailiffs of the district courts, justices’ courts and municipal2-9
courts whose duties require them to carry weapons and make arrests;2-10
3. Constables and their deputies whose official duties require them to2-11
carry weapons and make arrests;2-12
4. Inspectors employed by the transportation services authority who2-13
exercise those powers of enforcement conferred by chapters 706 and 7122-14
of NRS;2-15
5. Parole and probation officers;2-16
6. Special investigators who are employed full time by the office of2-17
any district attorney or the attorney general;2-18
7. Investigators of arson for fire departments who are specially2-19
designated by the appointing authority;2-20
8. The assistant and deputies of the state fire marshal;2-21
9. The brand inspectors of the division of agriculture of the2-22
department of business and industry who exercise the powers of2-23
enforcement conferred by chapter 565 of NRS;2-24
10. Investigators for the state forester firewarden who are specially2-25
designated by him and whose primary duties are related to the2-26
investigation of arson;2-27
11. School police officers employed by the board of trustees of any2-28
county school district;2-29
12. Agents of the state gaming control board who exercise the powers2-30
of enforcement specified in NRS 289.360, 463.140 or 463.1405, except2-31
those agents whose duties relate primarily to auditing, accounting, the2-32
collection of taxes or license fees, or the investigation of applicants for2-33
licenses;2-34
13. Investigators and administrators of the bureau of enforcement of2-35
the registration division of the department of motor vehicles and public2-36
safety who perform the duties specified in subsection 3 of NRS 481.048;2-37
14. Officers and investigators of the section for the control of2-38
emissions from vehicles of the registration division of the department of2-39
motor vehicles and public safety who perform the duties specified in2-40
subsection 3 of NRS 481.0481;2-41
15. Legislative police officers of the State of Nevada;3-1
16. The personnel of the capitol police division of the department of3-2
motor vehicles and public safety appointed pursuant to subsection 2 of3-3
NRS 331.140;3-4
17. Parole counselors of the division of child and family services of3-5
the department of human resources;3-6
18. Juvenile probation officers and deputy juvenile probation3-7
officers employed by the various judicial districts in the State of Nevada3-8
or by a department of family, youth and juvenile services established3-9
pursuant to NRS 62.1264 whose official duties require them to enforce3-10
court orders on juvenile offenders and make arrests;3-11
19. Field investigators of the taxicab authority;3-12
20. Security officers employed full time by a city or county whose3-13
official duties require them to carry weapons and make arrests; and3-14
21. The chief of a department of alternative sentencing created3-15
pursuant to NRS 211A.080 and the assistant alternative sentencing3-16
officers employed by that department.3-17
Sec. 6. "Category III peace officer" means a peace officer whose3-18
authority is limited to correctional services, including the superintendents3-19
and correctional officers of the department of prisons.3-20
Sec. 7. "Commission" means the peace officers’ standards and3-21
training commission.3-22
Sec. 8. 1. The peace officers’ standards and training commission,3-23
consisting of seven members appointed by the governor, is hereby3-24
created. The governor shall appoint:3-25
(a) One member from Clark County;3-26
(b) One member from Washoe County;3-27
(c) Two members from counties other than Clark and Washoe3-28
counties;3-29
(d) One member from a state law enforcement agency that primarily3-30
employs peace officers required to receive training as category I peace3-31
officers;3-32
(e) One member who is a category II peace officer; and3-33
(f) One member who is a category III peace officer.3-34
2. Members of the commission serve terms of 2 years. Members serve3-35
without compensation, but are entitled to the per diem allowance and3-36
travel expenses provided by law for state officers and employees3-37
generally.3-38
3. The governor shall make the appointments to the commission3-39
from recommendations submitted by Clark County, Washoe County,3-40
professional organizations of sheriffs and police chiefs of this state and3-41
employee organizations that represent only peace officers of this state3-42
who are certified by the commission.4-1
Sec. 9. 1. The commission:4-2
(a) Shall meet at the call of the chairman, who must be elected by a4-3
majority vote of the members of the commission.4-4
(b) Shall provide for and encourage the training and education of4-5
persons whose primary duty is law enforcement to ensure the safety of4-6
the residents of and visitors to this state.4-7
(c) Shall adopt regulations establishing minimum standards for the4-8
certification and decertification, recruitment, selection and training of4-9
peace officers. The regulations must establish:4-10
(1) Requirements for basic training for category I, category II and4-11
category III peace officers and reserve peace officers;4-12
(2) Standards for programs for the continuing education of peace4-13
officers, including minimum courses of study and requirements4-14
concerning attendance;4-15
(3) Qualifications for instructors of peace officers; and4-16
(4) Requirements for the certification of a course of training.4-17
(d) Shall, when necessary, present courses of training and continuing4-18
education courses for category I, category II and category III peace4-19
officers and reserve peace officers.4-20
(e) May make necessary inquiries to determine whether the agencies4-21
of this state and of the local governments are complying with standards4-22
set forth in its regulations.4-23
(f) Shall carry out the duties required of the commission pursuant to4-24
NRS 432B.610 and 432B.620.4-25
(g) May perform any other acts that may be necessary and appropriate4-26
to the functions of the commission as set forth in sections 3 to 17,4-27
inclusive, of this act.4-28
2. Regulations adopted by the commission:4-29
(a) Apply to all agencies of this state and of local governments in this4-30
state that employ persons as peace officers;4-31
(b) Must require that all peace officers receive training in the4-32
handling of cases involving abuse or neglect of children or missing4-33
children; and4-34
(c) May require that training be carried on at institutions which it4-35
approves in those regulations.4-36
Sec. 10. The commission, by majority vote of its members, shall4-37
appoint an executive director of the commission. The executive director:4-38
1. Must be selected with special reference to his training, experience,4-39
capacity and interest in the field of administering laws and regulations4-40
relating to the training of peace officers.4-41
2. Is in the unclassified service of the state.5-1
3. Shall not pursue any other business or occupation, or perform any5-2
other duties of any other office of profit without the prior approval of the5-3
commission.5-4
4. May be removed by the commission, by a majority vote of its5-5
members, at any time for cause.5-6
Sec. 11. With the advice of the commission, the executive director of5-7
the commission may:5-8
1. Appoint employees, agents, consultants and other staff of the5-9
commission and prescribe their duties;5-10
2. Administer and direct the daily operation of the staff and5-11
resources of the commission;5-12
3. Inspect academies for training peace officers, and issue and5-13
revoke certificates of approval to such academies;5-14
4. Certify qualified instructors for approved courses of training for5-15
peace officers and issue appropriate certificates to instructors;5-16
5. Certify peace officers who have satisfactorily completed courses of5-17
training for peace officers and issue basic, intermediate, advanced and5-18
management professional certificates to peace officers;5-19
6. Make recommendations to the commission concerning the5-20
issuance of executive certificates;5-21
7. Cause annual audits to be made relating to the operation of5-22
academies for training peace officers;5-23
8. Consult and cooperate with academies for training peace officers5-24
concerning the development of the basic and advanced training5-25
programs for peace officers;5-26
9. Consult and cooperate with academies for training peace officers5-27
concerning the development of specialized courses of study in this state5-28
for peace officers in the areas of police science, police administration,5-29
corrections, probation, the social sciences and other related areas;5-30
10. Consult and cooperate with other departments and agencies of5-31
this state and of local governments concerning the training of peace5-32
officers;5-33
11. Report to the commission at the regular meetings of the5-34
commission and at such other times as the commission may require, and5-35
recommend the denial, suspension or revocation of certification of a5-36
peace officer to the commission as deemed necessary;5-37
12. Execute contracts on behalf of the commission; and5-38
13. Perform any other acts necessary and appropriate to the carrying5-39
out of his duties.5-40
Sec. 12. 1. An account for the training of peace officers is hereby5-41
created in the state general fund. The account must be administered by5-42
the executive director of the commission. The executive director may5-43
apply for, accept and expend any gift, donation, bequest, grant or other6-1
source of money or other financial assistance from any person,6-2
association, corporation or other organization having an interest in the6-3
training of peace officers, and from the United States and any of its6-4
agencies or instrumentalities, for deposit in the account. The money in6-5
the account must be expended in accordance with the terms and6-6
conditions of the gift, donation, bequest or grant, or in accordance with6-7
subsection 2.6-8
2. Except as otherwise provided in subsection 1, the money in the6-9
account may be used only for the training of persons whose primary duty6-10
is law enforcement or for other purposes approved by the commission.6-11
Sec. 13. The persons upon whom some or all of the powers of a6-12
peace officer are conferred pursuant to NRS 289.150 to 289.360,6-13
inclusive, must be certified by the commission, except:6-14
1. The chief parole and probation officer;6-15
2. The director of the department of prisons;6-16
3. The state fire marshal;6-17
4. The director of the department of motor vehicles and public safety,6-18
the deputy directors of the department, the chiefs of the divisions of the6-19
department other than the investigation division, and the members of the6-20
state disaster identification team of the division of emergency6-21
management of the department;6-22
5. The commissioner of insurance and his chief deputy;6-23
6. Railroad policemen; and6-24
7. California correctional officers.6-25
Sec. 14. An application for certification as a peace officer must6-26
include the social security number of the applicant.6-27
Sec. 15. 1. An applicant for certification as a peace officer shall6-28
submit to the peace officers’ standards and training commission the6-29
statement prescribed by the welfare division of the department of human6-30
resources pursuant to NRS 425.520. The statement must be completed6-31
and signed by the applicant.6-32
2. The commission shall include the statement required pursuant to6-33
subsection 1 in:6-34
(a) The application or any other forms that must be submitted for the6-35
issuance of the certification; or6-36
(b) A separate form prescribed by the commission.6-37
3. An applicant may not be certified by the commission if the6-38
applicant for certification:6-39
(a) Fails to submit the statement required pursuant to subsection 1; or6-40
(b) Indicates on the statement submitted pursuant to subsection 1 that6-41
he is subject to a court order for the support of a child and is not in6-42
compliance with the order or a plan approved by the district attorney or7-1
other public agency enforcing the order for the repayment of the amount7-2
owed pursuant to the order.7-3
4. If an applicant indicates on the statement submitted pursuant to7-4
subsection 1 that he is subject to a court order for the support of a child7-5
and is not in compliance with the order or a plan approved by the district7-6
attorney or other public agency enforcing the order for the repayment of7-7
the amount owed pursuant to the order, the commission shall advise the7-8
applicant to contact the district attorney or other public agency enforcing7-9
the order to determine the actions that the applicant may take to satisfy7-10
the arrearage.7-11
Sec. 16. 1. If the peace officers’ standards and training7-12
commission receives a copy of a court order issued pursuant to NRS7-13
425.540 that provides for the suspension of all professional, occupational7-14
and recreational licenses, certificates and permits issued to a person who7-15
has been certified as a peace officer, the commission shall deem the7-16
person’s certification to be suspended at the end of the 30th day after the7-17
date on which the court order was issued unless the commission receives7-18
a letter issued by the district attorney or other public agency pursuant to7-19
NRS 425.550 to the person who has been certified stating that the person7-20
has complied with the subpoena or warrant or has satisfied the arrearage7-21
pursuant to NRS 425.560.7-22
2. The peace officers’ standards and training commission shall7-23
reinstate a certification as a peace officer that has been suspended by a7-24
district court pursuant to NRS 425.540 if the commission receives a letter7-25
issued by the district attorney or other public agency pursuant to NRS7-26
425.550 to the person whose certification was suspended stating that the7-27
person whose certification was suspended has complied with the7-28
subpoena or warrant or has satisfied the arrearage pursuant to NRS7-29
425.560.7-30
Sec. 17. 1. As a condition of the certification of a peace officer7-31
employed by an agency that authorizes the use of a choke hold in the7-32
course of his duties, the peace officers’ standards and training7-33
commission shall require the peace officer to be trained in the proper use7-34
of the choke hold. In addition, the commission shall require annual7-35
training and recertification in the proper use of the choke hold if the7-36
agency employing the peace officer continues to authorize the official7-37
use of the choke hold.7-38
2. The commission shall adopt regulations regarding the minimum7-39
training and testing required to comply with the requirements of7-40
subsection 1 and the manner in which each such agency shall7-41
demonstrate its continuing compliance with the requirements of7-42
subsection 1.8-1
Sec. 18. NRS 289.010 is hereby amended to read as follows: 289.010 As used in this chapter, unless the context otherwise requires:8-3
1. "Choke hold" means the holding of a person’s neck in a manner8-4
specifically intended to restrict the flow of oxygen or blood to the8-5
person’s lungs or brain. The term includes the arm-bar restraint, carotid8-6
restraint and lateral vascular neck restraint.8-7
2. "Peace officer" means any person upon whom some or all of the8-8
powers of a peace officer are conferred pursuant to NRS 289.150 to8-9
289.360, inclusive.8-10
8-11
demotion, suspension, reduction in salary, written reprimand or transfer of8-12
a peace officer for purposes of punishment.8-13
Sec. 19. NRS 289.360 is hereby amended to read as follows: 289.360 1. For the purpose of the administration and enforcement of8-15
the provisions of chapter 205 of NRS involving a crime against the8-16
property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of8-17
NRS, the members of the state gaming control board and the Nevada8-18
gaming commission and those agents of the board whose duties include the8-19
enforcement, or the investigation of suspected violations, of statutes or8-20
regulations, have the powers of a peace officer.8-21
2. An agent of the state gaming control board whose duties include the8-22
enforcement, or the investigation of suspected violations, of statutes or8-23
regulations, and who has been certified by the peace officers’ standards and8-24
training8-25
when, during the performance of those duties:8-26
(a) A felony, gross misdemeanor or misdemeanor is committed or8-27
attempted in his presence; or8-28
(b) He is given reasonable cause to believe that a person has committed8-29
a felony or gross misdemeanor outside of his presence.8-30
3. For the purpose of protecting members of the state gaming control8-31
board and of the Nevada gaming commission and their families and8-32
property, and providing security at meetings of the board and of the8-33
commission, an agent of the board whose duties include the enforcement of8-34
statutes or regulations has the powers of a peace officer.8-35
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 other8-37
person unless:8-38
(a) The agency employing the peace officer authorizes the use of the8-39
choke hold by its peace officers in the course of their duties; and8-40
(b) The peace officer has successfully completed training in the proper8-41
use of the choke hold and holds current certification for its use by the8-42
agency which employs him.9-1
2. If a law enforcement agency finds that a peace officer has violated9-2
the provisions of subsection 1, the peace officer is subject to such9-3
disciplinary action as is provided for such an offense by the agency.9-4
3. Each agency in this state which employs a peace officer shall adopt9-5
regulations which govern whether the use of a choke hold by its officers9-6
during the course of their duties is authorized. If an agency authorizes such9-7
a use of a choke hold, the agency shall also adopt regulations which9-8
specifically address:9-9
(a) The manner in which a peace officer, certified for use of a choke9-10
hold, is authorized to use the hold in the course of his duties;9-11
(b) The manner in which records of training, certification and9-12
recertification will be maintained to ensure compliance with any applicable9-13
statutory or other related requirements; and9-14
(c) The consequences of unauthorized or uncertified use of a choke9-15
hold.9-16
9-17
9-18
9-19
9-20
Sec. 21. NRS 176.059 is hereby amended to read as follows: 176.059 1. Except as otherwise provided in subsection 2, when a9-22
defendant pleads guilty or guilty but mentally ill or is found guilty of a9-23
misdemeanor, including the violation of any municipal ordinance, the9-24
justice or judge shall include in the sentence the sum prescribed by the9-25
following schedule as an administrative assessment and render a judgment9-26
against the defendant for the assessment:9-27
Fine Assessment9-28
$5 to $49 $159-29
50 to 59 309-30
60 to 69 359-31
70 to 79 409-32
80 to 89 459-33
90 to 99 509-34
100 to 199 609-35
200 to 299 709-36
300 to 399 809-37
400 to 499 909-38
500 to 1,000 10510-1
2. The provisions of subsection 1 do not apply to:10-2
(a) An ordinance regulating metered parking; or10-3
(b) An ordinance which is specifically designated as imposing a civil10-4
penalty or liability pursuant to NRS 244.3575 or 268.019.10-5
3. The money collected for an administrative assessment must not be10-6
deducted from the fine imposed by the justice or judge but must be taxed10-7
against the defendant in addition to the fine. The money collected for an10-8
administrative assessment must be stated separately on the court’s docket10-9
and must be included in the amount posted for bail. If the defendant is10-10
found not guilty or the charges are dismissed, the money deposited with the10-11
court must be returned to the defendant. If the justice or judge cancels a10-12
fine because the fine has been determined to be uncollectible, any balance10-13
of the fine and the administrative assessment remaining unpaid shall be10-14
deemed to be uncollectible and the defendant is not required to pay it. If a10-15
fine is determined to be uncollectible, the defendant is not entitled to a10-16
refund of the fine or administrative assessment he has paid and the justice10-17
or judge shall not recalculate the administrative assessment.10-18
4. If the justice or judge permits the fine and administrative assessment10-19
to be paid in installments, the payments must be first applied to the unpaid10-20
balance of the administrative assessment. The city treasurer shall distribute10-21
partially collected administrative assessments in accordance with the10-22
requirements of subsection 5. The county treasurer shall distribute partially10-23
collected administrative assessments in accordance with the requirements10-24
of subsection 6.10-25
5. The money collected for administrative assessments in municipal10-26
court must be paid by the clerk of the court to the city treasurer on or10-27
before the fifth day of each month for the preceding month. The city10-28
treasurer shall distribute, on or before the 15th day of that month, the10-29
money received in the following amounts for each assessment received:10-30
(a) Two dollars to the county treasurer for credit to a special account in10-31
the county general fund for the use of the county’s juvenile court or for10-32
services to juvenile offenders. Any money remaining in the special account10-33
after 2 fiscal years must be deposited in the county general fund if it has not10-34
been committed for expenditure. The county treasurer shall provide, upon10-35
request by a juvenile court, monthly reports of the revenue credited to and10-36
expenditures made from the special account.10-37
(b) Seven dollars for credit to a special revenue fund for the use of the10-38
municipal courts. Any money remaining in the special revenue fund after 210-39
fiscal years must be deposited in the municipal general fund if it has not10-40
been committed for expenditure. The city treasurer shall provide, upon10-41
request by a municipal court, monthly reports of the revenue credited to10-42
and expenditures made from the special revenue fund.11-1
(c) The remainder of each assessment to the state treasurer for credit to a11-2
special account in the state general fund.11-3
6. The money collected for administrative assessments in justices’11-4
courts must be paid by the clerk of the court to the county treasurer on or11-5
before the fifth day of each month for the preceding month. The county11-6
treasurer shall distribute, on or before the 15th day of that month, the11-7
money received in the following amounts for each assessment received:11-8
(a) Two dollars for credit to a special account in the county general fund11-9
for the use of the county’s juvenile court or for services to juvenile11-10
offenders. Any money remaining in the special account after 2 fiscal years11-11
must be deposited in the county general fund if it has not been committed11-12
for expenditure. The county treasurer shall provide, upon request by a11-13
juvenile court, monthly reports of the revenue credited to and expenditures11-14
made from the special account.11-15
(b) Seven dollars for credit to a special revenue fund for the use of the11-16
justices’ courts. Any money remaining in the special revenue fund after 211-17
fiscal years must be deposited in the county general fund if it has not been11-18
committed for expenditure. The county treasurer shall provide, upon11-19
request by a justice’s court, monthly reports of the revenue credited to and11-20
expenditures made from the special revenue fund.11-21
(c) The remainder of each assessment to the state treasurer for credit to a11-22
special account in the state general fund.11-23
7. The money apportioned to a juvenile court, a justice’s court or a11-24
municipal court pursuant to this section must be used, in addition to11-25
providing services to juvenile offenders in the juvenile court, to improve11-26
the operations of the court, or to acquire appropriate advanced technology11-27
or the use of such technology, or both. Money used to improve the11-28
operations of the court may include expenditures for:11-29
(a) Training and education of personnel;11-30
(b) Acquisition of capital goods;11-31
(c) Management and operational studies; or11-32
(d) Audits.11-33
8. Of the total amount deposited in the state general fund pursuant to11-34
subsections 5 and 6, the state controller shall distribute the money received,11-35
to the extent of legislative authorization, to the following public agencies in11-36
the following manner:11-37
(a) Not less than 51 percent must be distributed to the office of the court11-38
administrator for allocation as follows:11-39
(1) Eighteen and one-half percent of the amount distributed to the11-40
office of the court administrator for the administration of the courts.11-41
(2) Nine percent of the amount distributed to the office of the court11-42
administrator for the development of a uniform system for judicial records.12-1
(3) Nine percent of the amount distributed to the office of the court12-2
administrator for continuing judicial education.12-3
(4) Sixty percent of the amount distributed to the office of the court12-4
administrator for the supreme court.12-5
(5) Three and one-half percent of the amount distributed to the office12-6
of the court administrator for the payment for the services of retired justices12-7
and retired district judges.12-8
(b) Not more than 49 percent must be used to the extent of legislative12-9
authorization for the support of:12-10
(1) The central repository for Nevada records of criminal history;12-11
(2) The peace officer’s standards and training12-12
12-13
12-14
(3) The operation by the Nevada highway patrol of a computerized12-15
switching system for information related to law enforcement; and12-16
(4) The fund for the compensation of victims of crime.12-17
9. As used in this section, "juvenile court" means:12-18
(a) In any judicial district that includes a county whose population is12-19
100,000 or more, the family division of the district court; or12-20
(b) In any other judicial district, the juvenile division of the district12-21
court.12-22
Sec. 22. NRS 228.470 is hereby amended to read as follows: 228.470 1. The attorney general shall appoint a committee on12-24
domestic violence comprised of:12-25
(a) One staff member of a program for victims of domestic violence;12-26
(b) One staff member of a program for the treatment of persons who12-27
commit domestic violence;12-28
(c) One representative from an office of the district attorney with12-29
experience in prosecuting criminal offenses;12-30
(d) One representative from an office of the city attorney with12-31
experience in prosecuting criminal offenses;12-32
(e) One law enforcement officer;12-33
(f) One provider of mental health care;12-34
(g) Two victims of domestic violence; and12-35
(h) One person who:12-36
(1) Has successfully completed a program for the treatment of12-37
persons who commit domestic violence;12-38
(2) Has not committed a violent act following such treatment; and12-39
(3) Has demonstrated leadership by assisting persons who commit12-40
domestic violence or victims of domestic violence.12-41
At least two members of the committee must be residents of a county whose12-42
population is less than 100,000.13-1
2. The committee shall:13-2
(a) Adopt regulations for the evaluation, certification and monitoring of13-3
programs for the treatment of persons who commit domestic violence;13-4
(b) Review, monitor and certify programs for the treatment of persons13-5
who commit domestic violence;13-6
(c) Review and evaluate existing programs provided to peace officers13-7
for training related to domestic violence and make recommendations to the13-8
peace officers’ standards and training13-9
such training;13-10
(d) To the extent that money is available, arrange for the provision of13-11
legal services, including, without limitation, assisting a person in an action13-12
for divorce; and13-13
(e) Submit on or before March 1 of each odd-numbered year a report to13-14
the director of the legislative counsel bureau for distribution to the regular13-15
session of the legislature. The report must include, without limitation, a13-16
summary of the work of the committee and recommendations for any13-17
necessary legislation concerning domestic violence.13-18
3. The committee shall, at its first meeting and annually thereafter,13-19
elect a chairman from among its members.13-20
4. The committee shall meet regularly at least semiannually and may13-21
meet at other times upon the call of the chairman. Any five members of the13-22
committee constitute a quorum for the purpose of voting. A majority vote13-23
of the quorum is required to take action with respect to any matter.13-24
5. The attorney general shall provide the committee with such staff as13-25
is necessary to carry out the duties of the committee.13-26
6. While engaged in the business of the committee, each member and13-27
employee of the committee is entitled to receive the per diem allowance13-28
and travel expenses provided for state officers and employees generally.13-29
Sec. 23. NRS 432B.610 is hereby amended to read as follows: 432B.610 1. The peace officers’ standards and training13-31
commission shall:13-32
(a) Require each category I peace officer to complete a program of13-33
training for the detection and investigation of and response to cases of13-34
sexual abuse or sexual exploitation of children under the age of 18 years.13-35
(b) Not certify any person as a category I peace officer unless he has13-36
completed the program of training required pursuant to paragraph (a).13-37
(c) Establish a program to provide the training required pursuant to13-38
paragraph (a).13-39
(d) Adopt regulations necessary to carry out the provisions of this13-40
section.13-41
2. As used in this section, "category I peace officer" means:13-42
(a) Sheriffs of counties and of metropolitan police departments, their13-43
deputies and correctional officers;14-1
(b) Personnel of the Nevada highway patrol appointed to exercise the14-2
police powers specified in NRS 481.150 and 481.180;14-3
(c) Marshals, policemen and correctional officers of cities and towns;14-4
(d) Members of the police department of the University and Community14-5
College System of Nevada;14-6
(e) Employees of the division of state parks of the state department of14-7
conservation and natural resources designated by the administrator of the14-8
division who exercise police powers specified in NRS 289.260;14-9
(f) The chief, investigators and agents of the investigation division of the14-10
department of motor vehicles and public safety; and14-11
(g) The personnel of the division of wildlife of the state department of14-12
conservation and natural resources who exercise those powers of14-13
enforcement conferred by Title 45 and chapter 488 of NRS.14-14
Sec. 24. NRS 432B.620 is hereby amended to read as follows: 432B.620 1. A peace officer assigned to investigate regularly cases14-16
of sexual abuse or sexual exploitation of children under the age of 18 years14-17
must be certified to carry out those duties by the peace officers’ standards14-18
and training14-19
2. The peace officers’ standards and training14-20
shall require each peace officer assigned to investigate regularly cases of14-21
sexual abuse or sexual exploitation of children under the age of 18 years to14-22
complete, within 1 year after he is assigned to investigate those cases and14-23
each year thereafter, a program of training for the detection and14-24
investigation of and response to cases of sexual abuse or sexual14-25
exploitation of children under the age of 18 years.14-26
3. If a law enforcement agency does not have a peace officer who is14-27
certified to investigate cases of sexual abuse or sexual exploitation of14-28
children under the age of 18 years pursuant to NRS 432B.610, it may14-29
consult with a peace officer of another law enforcement agency who is so14-30
certified.14-31
4. The peace officers’ standards and training14-32
shall:14-33
(a) Establish the program of training required pursuant to subsection 2.14-34
(b) Adopt regulations necessary to carry out the provisions of this14-35
section.14-36
5. The provisions of this section do not prohibit a peace officer who is14-37
not certified to investigate cases of sexual abuse or sexual exploitation of14-38
children under the age of 18 years pursuant to NRS 432B.610 from14-39
testifying or presenting evidence at any proceeding relating to the sexual14-40
abuse or sexual exploitation of a child under the age of 18 years.15-1
Sec. 25. NRS 459.920 is hereby amended to read as follows: 459.920 1. A person or governmental entity shall not operate or15-3
display or cause to be operated or displayed a radar gun or similar device15-4
unless it is:15-5
(a) On the Consumer Products List of the International Association of15-6
Chiefs of Police; and15-7
(b) Inspected at least every 3 years to determine whether its level of15-8
power and structural integrity comply with the minimum performance15-9
specifications for that model established by the United States Department15-10
of Transportation.15-11
2. Any person or governmental entity that causes to be operated or15-12
displayed a radar gun or similar device that emits nonionizing radiation15-13
shall adopt procedures for its use that protect the health and safety of the15-14
operator of the radar gun or device.15-15
3. A peace officer must successfully complete a course of training in15-16
the proper use of a radar gun or similar device approved by the peace15-17
officers’ standards and training15-18
15-19
operate a radar gun or similar device.15-20
Sec. 26. NRS 481.083 is hereby amended to read as follows: 481.083 1. Except for the operation of15-22
15-23
emergency management, the state fire marshal division, the division of15-24
parole and probation and the capitol police division of the department,15-25
money for the administration of the provisions of this chapter must be15-26
provided by direct legislative appropriation from the state highway fund15-27
upon the presentation of budgets in the manner required by law.15-28
2. All money provided for the support of the department and its various15-29
divisions must be paid out on claims approved by the director in the same15-30
manner as other claims against the state are paid.15-31
Sec. 27. NRS 481.243 is hereby amended to read as follows: 481.243 1. If circumstances require the appointment of persons with15-33
special skills or training, the chief of the investigation division may appoint15-34
persons as investigators who have those special skills or training and have15-35
completed the requirements for the training of a category I peace officer .15-36
15-37
powers of a peace officer while carrying out the duties assigned to him by15-38
the chief or a person designated by the chief.15-39
2. As used in this section, "category I peace officer" has the meaning15-40
ascribed to it in NRS 432B.610.15-41
Sec. 28. 1. Notwithstanding any specific statute to the contrary, the15-42
terms of office of all members of the peace officers’ standards and training15-43
committee expire on June 30, 1999.16-1
2. Notwithstanding the provisions of section 8 of this act to the16-2
contrary:16-3
(a) Not later than July 1, 1999, the governor shall appoint the seven16-4
persons who are members of the peace officers’ standards and training16-5
committee on the effective date of this section as the initial members of the16-6
peace officers’ standards and training commission, whose terms commence16-7
on July 1, 1999, and expire on the dates upon which their respective terms16-8
on the former peace officers’ standards and training committee would have16-9
expired.16-10
(b) For the terms of the members of the peace officers’ standards16-11
commission who are appointed after the terms of the initial members of the16-12
peace officers’ standards commission expire, the governor shall appoint:16-13
(1) Four members to serve until July 1, 2001; and16-14
(2) Three members to serve until July 1, 2002.16-15
Sec. 29. 1. Any administrative regulations adopted by the peace16-16
officers’ standards and training committee shall be deemed to have been16-17
adopted by the peace officers’ standards and training commission and16-18
remain in force until amended by the commission.16-19
2. Any contract or other agreement entered into by the peace officers’16-20
standards and training committee shall be deemed to have been entered16-21
into, and are binding upon and may be enforced by, the peace officers’16-22
standards and training commission.16-23
3. Any certification issued or other action taken by the peace officers’16-24
standards and training committee shall be deemed to have been issued or16-25
taken, and remains in effect as if issued or taken, by the peace officers’16-26
standards and training commission.16-27
Sec. 30. The amendatory provisions of sections 14, 15 and 16 of this16-28
act expire by limitation on the date on which the provisions of 42 U.S.C. §16-29
666 requiring each state to establish procedures under which the state has16-30
authority to withhold or suspend, or to restrict the use of professional,16-31
occupational and recreational licenses of persons who:16-32
1. Have failed to comply with a subpoena or warrant relating to a16-33
proceeding to determine the paternity of a child or to establish or enforce16-34
an obligation for the support of a child; or16-35
2. Are in arrears in the payment for the support of one or more16-36
children,16-37
are repealed by the Congress of the United States.16-38
Sec. 31. NRS 481.053, 481.054, 481.0541, 481.0542, 481.0543 and16-39
481.0545 are hereby repealed.16-40
Sec. 32. 1. This section and section 28 of this act become effective16-41
upon passage and approval.16-42
2. Sections 1 to 27, inclusive, 29, 30 and 31 of this act become16-43
effective on July 1, 1999.
17-1
LEADLINES OF REPEALED SECTIONS481.053 Peace officers’ standards and training committee:
17-3
Appointment, terms, compensation and expenses of members; duties;17-4
regulations. 481.054 Peace officers’ standards and training committee: Persons17-6
required to be certified by committee; exceptions. 481.0541 Peace officers’ standards and training committee:17-8
Application for certification as peace officer to include social security17-9
number. 481.0542 Peace officers’ standards and training committee:17-11
Submission of statement by applicant for certification as peace officer17-12
regarding payment of child support; grounds for denial of17-13
certification; duty of committee. 481.0543 Peace officers’ standards and training committee:17-15
Suspension of certification as peace officer for failure to pay child17-16
support or comply with certain subpoenas or warrants; reinstatement17-17
of certification. 481.0545 Peace officers’ standards and training committee:17-19
Training in proper use of choke hold as condition of certification;17-20
annual training and recertification; regulations.~