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; 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’

1-13 standards and training [committee] commission created pursuant to [NRS

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

1-15 Sec. 2. Chapter 289 of NRS is hereby amended by adding thereto the

1-16 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 the

1-18 context otherwise requires, the words and terms defined in sections 4 to

2-1 7, inclusive, of this act have the meanings ascribed to them in those

2-2 sections.

2-3 Sec. 4. "Category I peace officer" means a peace officer who has

2-4 unrestricted duties and who is not otherwise listed as a category II or

2-5 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 municipal

2-9 courts whose duties require them to carry weapons and make arrests;

2-10 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

2-13 exercise those powers of enforcement conferred by chapters 706 and 712

2-14 of NRS;

2-15 5. Parole and probation officers;

2-16 6. Special investigators who are employed full time by the office of

2-17 any district attorney or the attorney general;

2-18 7. Investigators of arson for fire departments who are specially

2-19 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 the

2-22 department of business and industry who exercise the powers of

2-23 enforcement conferred by chapter 565 of NRS;

2-24 10. Investigators for the state forester firewarden who are specially

2-25 designated by him and whose primary duties are related to the

2-26 investigation of arson;

2-27 11. School police officers employed by the board of trustees of any

2-28 county school district;

2-29 12. Agents of the state gaming control board who exercise the powers

2-30 of enforcement specified in NRS 289.360, 463.140 or 463.1405, except

2-31 those agents whose duties relate primarily to auditing, accounting, the

2-32 collection of taxes or license fees, or the investigation of applicants for

2-33 licenses;

2-34 13. Investigators and administrators of the bureau of enforcement of

2-35 the registration division of the department of motor vehicles and public

2-36 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 of

2-38 emissions from vehicles of the registration division of the department of

2-39 motor vehicles and public safety who perform the duties specified in

2-40 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 of

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

3-3 NRS 331.140;

3-4 17. Parole counselors of the division of child and family services of

3-5 the department of human resources;

3-6 18. Juvenile probation officers and deputy juvenile probation

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

3-8 or by a department of family, youth and juvenile services established

3-9 pursuant to NRS 62.1264 whose official duties require them to enforce

3-10 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 whose

3-13 official duties require them to carry weapons and make arrests; and

3-14 21. The chief of a department of alternative sentencing created

3-15 pursuant to NRS 211A.080 and the assistant alternative sentencing

3-16 officers employed by that department.

3-17 Sec. 6. "Category III peace officer" means a peace officer whose

3-18 authority is limited to correctional services, including the superintendents

3-19 and correctional officers of the department of prisons.

3-20 Sec. 7. "Commission" means the peace officers’ standards and

3-21 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 hereby

3-24 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 Washoe

3-28 counties;

3-29 (d) One member from a state law enforcement agency that primarily

3-30 employs peace officers required to receive training as category I peace

3-31 officers;

3-32 (e) One member who is a category II peace officer; and

3-33 (f) One member who is a category III peace officer.

3-34 2. Members of the commission serve terms of 2 years. Members serve

3-35 without compensation, but are entitled to the per diem allowance and

3-36 travel expenses provided by law for state officers and employees

3-37 generally.

3-38 3. The governor shall make the appointments to the commission

3-39 from recommendations submitted by Clark County, Washoe County,

3-40 professional organizations of sheriffs and police chiefs of this state and

3-41 employee organizations that represent only peace officers of this state

3-42 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 a

4-3 majority vote of the members of the commission.

4-4 (b) Shall provide for and encourage the training and education of

4-5 persons whose primary duty is law enforcement to ensure the safety of

4-6 the residents of and visitors to this state.

4-7 (c) Shall adopt regulations establishing minimum standards for the

4-8 certification and decertification, recruitment, selection and training of

4-9 peace officers. The regulations must establish:

4-10 (1) Requirements for basic training for category I, category II and

4-11 category III peace officers and reserve peace officers;

4-12 (2) Standards for programs for the continuing education of peace

4-13 officers, including minimum courses of study and requirements

4-14 concerning attendance;

4-15 (3) Qualifications for instructors of peace officers; and

4-16 (4) Requirements for the certification of a course of training.

4-17 (d) Shall, when necessary, present courses of training and continuing

4-18 education courses for category I, category II and category III peace

4-19 officers and reserve peace officers.

4-20 (e) May make necessary inquiries to determine whether the agencies

4-21 of this state and of the local governments are complying with standards

4-22 set forth in its regulations.

4-23 (f) Shall carry out the duties required of the commission pursuant to

4-24 NRS 432B.610 and 432B.620.

4-25 (g) May perform any other acts that may be necessary and appropriate

4-26 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 this

4-30 state that employ persons as peace officers;

4-31 (b) Must require that all peace officers receive training in the

4-32 handling of cases involving abuse or neglect of children or missing

4-33 children; and

4-34 (c) May require that training be carried on at institutions which it

4-35 approves in those regulations.

4-36 Sec. 10. The commission, by majority vote of its members, shall

4-37 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 regulations

4-40 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 any

5-2 other duties of any other office of profit without the prior approval of the

5-3 commission.

5-4 4. May be removed by the commission, by a majority vote of its

5-5 members, at any time for cause.

5-6 Sec. 11. With the advice of the commission, the executive director of

5-7 the commission may:

5-8 1. Appoint employees, agents, consultants and other staff of the

5-9 commission and prescribe their duties;

5-10 2. Administer and direct the daily operation of the staff and

5-11 resources of the commission;

5-12 3. Inspect academies for training peace officers, and issue and

5-13 revoke certificates of approval to such academies;

5-14 4. Certify qualified instructors for approved courses of training for

5-15 peace officers and issue appropriate certificates to instructors;

5-16 5. Certify peace officers who have satisfactorily completed courses of

5-17 training for peace officers and issue basic, intermediate, advanced and

5-18 management professional certificates to peace officers;

5-19 6. Make recommendations to the commission concerning the

5-20 issuance of executive certificates;

5-21 7. Cause annual audits to be made relating to the operation of

5-22 academies for training peace officers;

5-23 8. Consult and cooperate with academies for training peace officers

5-24 concerning the development of the basic and advanced training

5-25 programs for peace officers;

5-26 9. Consult and cooperate with academies for training peace officers

5-27 concerning the development of specialized courses of study in this state

5-28 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 of

5-31 this state and of local governments concerning the training of peace

5-32 officers;

5-33 11. Report to the commission at the regular meetings of the

5-34 commission and at such other times as the commission may require, and

5-35 recommend the denial, suspension or revocation of certification of a

5-36 peace officer to the commission as deemed necessary;

5-37 12. Execute contracts on behalf of the commission; and

5-38 13. Perform any other acts necessary and appropriate to the carrying

5-39 out of his duties.

5-40 Sec. 12. 1. An account for the training of peace officers is hereby

5-41 created in the state general fund. The account must be administered by

5-42 the executive director of the commission. The executive director may

5-43 apply for, accept and expend any gift, donation, bequest, grant or other

6-1 source of money or other financial assistance from any person,

6-2 association, corporation or other organization having an interest in the

6-3 training of peace officers, and from the United States and any of its

6-4 agencies or instrumentalities, for deposit in the account. The money in

6-5 the account must be expended in accordance with the terms and

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

6-7 subsection 2.

6-8 2. Except as otherwise provided in subsection 1, the money in the

6-9 account may be used only for the training of persons whose primary duty

6-10 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 a

6-12 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 the

6-19 department other than the investigation division, and the members of the

6-20 state disaster identification team of the division of emergency

6-21 management of the department;

6-22 5. The commissioner of insurance and his chief deputy;

6-23 6. Railroad policemen; and

6-24 7. California correctional officers.

6-25 Sec. 14. An application for certification as a peace officer must

6-26 include the social security number of the applicant.

6-27 Sec. 15. 1. An applicant for certification as a peace officer shall

6-28 submit to the peace officers’ standards and training commission the

6-29 statement prescribed by the welfare division of the department of human

6-30 resources pursuant to NRS 425.520. The statement must be completed

6-31 and signed by the applicant.

6-32 2. The commission shall include the statement required pursuant to

6-33 subsection 1 in:

6-34 (a) The application or any other forms that must be submitted for the

6-35 issuance of the certification; or

6-36 (b) A separate form prescribed by the commission.

6-37 3. An applicant may not be certified by the commission if the

6-38 applicant for certification:

6-39 (a) Fails to submit the statement required pursuant to subsection 1; or

6-40 (b) Indicates on the statement submitted pursuant to subsection 1 that

6-41 he is subject to a court order for the support of a child and is not in

6-42 compliance with the order or a plan approved by the district attorney or

7-1 other public agency enforcing the order for the repayment of the amount

7-2 owed pursuant to the order.

7-3 4. If an applicant indicates on the statement submitted pursuant to

7-4 subsection 1 that he is subject to a court order for the support of a child

7-5 and is not in compliance with the order or a plan approved by the district

7-6 attorney or other public agency enforcing the order for the repayment of

7-7 the amount owed pursuant to the order, the commission shall advise the

7-8 applicant to contact the district attorney or other public agency enforcing

7-9 the order to determine the actions that the applicant may take to satisfy

7-10 the arrearage.

7-11 Sec. 16. 1. If the peace officers’ standards and training

7-12 commission receives a copy of a court order issued pursuant to NRS

7-13 425.540 that provides for the suspension of all professional, occupational

7-14 and recreational licenses, certificates and permits issued to a person who

7-15 has been certified as a peace officer, the commission shall deem the

7-16 person’s certification to be suspended at the end of the 30th day after the

7-17 date on which the court order was issued unless the commission receives

7-18 a letter issued by the district attorney or other public agency pursuant to

7-19 NRS 425.550 to the person who has been certified stating that the person

7-20 has complied with the subpoena or warrant or has satisfied the arrearage

7-21 pursuant to NRS 425.560.

7-22 2. The peace officers’ standards and training commission shall

7-23 reinstate a certification as a peace officer that has been suspended by a

7-24 district court pursuant to NRS 425.540 if the commission receives a letter

7-25 issued by the district attorney or other public agency pursuant to NRS

7-26 425.550 to the person whose certification was suspended stating that the

7-27 person whose certification was suspended has complied with the

7-28 subpoena or warrant or has satisfied the arrearage pursuant to NRS

7-29 425.560.

7-30 Sec. 17. 1. As a condition of the certification of a peace officer

7-31 employed by an agency that authorizes the use of a choke hold in the

7-32 course of his duties, the peace officers’ standards and training

7-33 commission shall require the peace officer to be trained in the proper use

7-34 of the choke hold. In addition, the commission shall require annual

7-35 training and recertification in the proper use of the choke hold if the

7-36 agency employing the peace officer continues to authorize the official

7-37 use of the choke hold.

7-38 2. The commission shall adopt regulations regarding the minimum

7-39 training and testing required to comply with the requirements of

7-40 subsection 1 and the manner in which each such agency shall

7-41 demonstrate its continuing compliance with the requirements of

7-42 subsection 1.

8-1 Sec. 18. NRS 289.010 is hereby amended to read as follows:

8-2 289.010 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 manner

8-4 specifically intended to restrict the flow of oxygen or blood to the

8-5 person’s lungs or brain. The term includes the arm-bar restraint, carotid

8-6 restraint and lateral vascular neck restraint.

8-7 2. "Peace officer" means any person upon whom some or all of the

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

8-9 289.360, inclusive.

8-10 [2.] 3. "Punitive action" means any action which may lead to dismissal,

8-11 demotion, suspension, reduction in salary, written reprimand or transfer of

8-12 a peace officer for purposes of punishment.

8-13 Sec. 19. NRS 289.360 is hereby amended to read as follows:

8-14 289.360 1. For the purpose of the administration and enforcement of

8-15 the provisions of chapter 205 of NRS involving a crime against the

8-16 property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of

8-17 NRS, the members of the state gaming control board and the Nevada

8-18 gaming commission and those agents of the board whose duties include the

8-19 enforcement, or the investigation of suspected violations, of statutes or

8-20 regulations, have the powers of a peace officer.

8-21 2. An agent of the state gaming control board whose duties include the

8-22 enforcement, or the investigation of suspected violations, of statutes or

8-23 regulations, and who has been certified by the peace officers’ standards and

8-24 training [committee,] commission, also has the powers of a peace officer

8-25 when, during the performance of those duties:

8-26 (a) A felony, gross misdemeanor or misdemeanor is committed or

8-27 attempted in his presence; or

8-28 (b) He is given reasonable cause to believe that a person has committed

8-29 a felony or gross misdemeanor outside of his presence.

8-30 3. For the purpose of protecting members of the state gaming control

8-31 board and of the Nevada gaming commission and their families and

8-32 property, and providing security at meetings of the board and of the

8-33 commission, an agent of the board whose duties include the enforcement of

8-34 statutes or regulations has the powers of a peace officer.

8-35 Sec. 20. NRS 289.410 is hereby amended to read as follows:

8-36 289.410 1. A peace officer shall not use a choke hold on any other

8-37 person unless:

8-38 (a) The agency employing the peace officer authorizes the use of the

8-39 choke hold by its peace officers in the course of their duties; and

8-40 (b) The peace officer has successfully completed training in the proper

8-41 use of the choke hold and holds current certification for its use by the

8-42 agency which employs him.

9-1 2. If a law enforcement agency finds that a peace officer has violated

9-2 the provisions of subsection 1, the peace officer is subject to such

9-3 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 adopt

9-5 regulations which govern whether the use of a choke hold by its officers

9-6 during the course of their duties is authorized. If an agency authorizes such

9-7 a use of a choke hold, the agency shall also adopt regulations which

9-8 specifically address:

9-9 (a) The manner in which a peace officer, certified for use of a choke

9-10 hold, is authorized to use the hold in the course of his duties;

9-11 (b) The manner in which records of training, certification and

9-12 recertification will be maintained to ensure compliance with any applicable

9-13 statutory or other related requirements; and

9-14 (c) The consequences of unauthorized or uncertified use of a choke

9-15 hold.

9-16 [4. As used in this section, "choke hold" means the holding of a

9-17 person’s neck in a manner specifically intended to restrict the flow of

9-18 oxygen or blood to the person’s lungs or brain. The term includes the arm-

9-19 bar restraint, carotid restraint and lateral vascular neck restraint.]

9-20 Sec. 21. NRS 176.059 is hereby amended to read as follows:

9-21 176.059 1. Except as otherwise provided in subsection 2, when a

9-22 defendant pleads guilty or guilty but mentally ill or is found guilty of a

9-23 misdemeanor, including the violation of any municipal ordinance, the

9-24 justice or judge shall include in the sentence the sum prescribed by the

9-25 following schedule as an administrative assessment and render a judgment

9-26 against the defendant for the assessment:

9-27 Fine Assessment

9-28 $5 to $49 $15

9-29 50 to 59 30

9-30 60 to 69 35

9-31 70 to 79 40

9-32 80 to 89 45

9-33 90 to 99 50

9-34 100 to 199 60

9-35 200 to 299 70

9-36 300 to 399 80

9-37 400 to 499 90

9-38 500 to 1,000 105

10-1 2. The provisions of subsection 1 do not apply to:

10-2 (a) An ordinance regulating metered parking; or

10-3 (b) An ordinance which is specifically designated as imposing a civil

10-4 penalty or liability pursuant to NRS 244.3575 or 268.019.

10-5 3. The money collected for an administrative assessment must not be

10-6 deducted from the fine imposed by the justice or judge but must be taxed

10-7 against the defendant in addition to the fine. The money collected for an

10-8 administrative assessment must be stated separately on the court’s docket

10-9 and must be included in the amount posted for bail. If the defendant is

10-10 found not guilty or the charges are dismissed, the money deposited with the

10-11 court must be returned to the defendant. If the justice or judge cancels a

10-12 fine because the fine has been determined to be uncollectible, any balance

10-13 of the fine and the administrative assessment remaining unpaid shall be

10-14 deemed to be uncollectible and the defendant is not required to pay it. If a

10-15 fine is determined to be uncollectible, the defendant is not entitled to a

10-16 refund of the fine or administrative assessment he has paid and the justice

10-17 or judge shall not recalculate the administrative assessment.

10-18 4. If the justice or judge permits the fine and administrative assessment

10-19 to be paid in installments, the payments must be first applied to the unpaid

10-20 balance of the administrative assessment. The city treasurer shall distribute

10-21 partially collected administrative assessments in accordance with the

10-22 requirements of subsection 5. The county treasurer shall distribute partially

10-23 collected administrative assessments in accordance with the requirements

10-24 of subsection 6.

10-25 5. The money collected for administrative assessments in municipal

10-26 court must be paid by the clerk of the court to the city treasurer on or

10-27 before the fifth day of each month for the preceding month. The city

10-28 treasurer shall distribute, on or before the 15th day of that month, the

10-29 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 in

10-31 the county general fund for the use of the county’s juvenile court or for

10-32 services to juvenile offenders. Any money remaining in the special account

10-33 after 2 fiscal years must be deposited in the county general fund if it has not

10-34 been committed for expenditure. The county treasurer shall provide, upon

10-35 request by a juvenile court, monthly reports of the revenue credited to and

10-36 expenditures made from the special account.

10-37 (b) Seven dollars for credit to a special revenue fund for the use of the

10-38 municipal courts. Any money remaining in the special revenue fund after 2

10-39 fiscal years must be deposited in the municipal general fund if it has not

10-40 been committed for expenditure. The city treasurer shall provide, upon

10-41 request by a municipal court, monthly reports of the revenue credited to

10-42 and expenditures made from the special revenue fund.

11-1 (c) The remainder of each assessment to the state treasurer for credit to a

11-2 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 or

11-5 before the fifth day of each month for the preceding month. The county

11-6 treasurer shall distribute, on or before the 15th day of that month, the

11-7 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 fund

11-9 for the use of the county’s juvenile court or for services to juvenile

11-10 offenders. Any money remaining in the special account after 2 fiscal years

11-11 must be deposited in the county general fund if it has not been committed

11-12 for expenditure. The county treasurer shall provide, upon request by a

11-13 juvenile court, monthly reports of the revenue credited to and expenditures

11-14 made from the special account.

11-15 (b) Seven dollars for credit to a special revenue fund for the use of the

11-16 justices’ courts. Any money remaining in the special revenue fund after 2

11-17 fiscal years must be deposited in the county general fund if it has not been

11-18 committed for expenditure. The county treasurer shall provide, upon

11-19 request by a justice’s court, monthly reports of the revenue credited to and

11-20 expenditures made from the special revenue fund.

11-21 (c) The remainder of each assessment to the state treasurer for credit to a

11-22 special account in the state general fund.

11-23 7. The money apportioned to a juvenile court, a justice’s court or a

11-24 municipal court pursuant to this section must be used, in addition to

11-25 providing services to juvenile offenders in the juvenile court, to improve

11-26 the operations of the court, or to acquire appropriate advanced technology

11-27 or the use of such technology, or both. Money used to improve the

11-28 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; or

11-32 (d) Audits.

11-33 8. Of the total amount deposited in the state general fund pursuant to

11-34 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 in

11-36 the following manner:

11-37 (a) Not less than 51 percent must be distributed to the office of the court

11-38 administrator for allocation as follows:

11-39 (1) Eighteen and one-half percent of the amount distributed to the

11-40 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 court

11-42 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 court

12-2 administrator for continuing judicial education.

12-3 (4) Sixty percent of the amount distributed to the office of the court

12-4 administrator for the supreme court.

12-5 (5) Three and one-half percent of the amount distributed to the office

12-6 of the court administrator for the payment for the services of retired justices

12-7 and retired district judges.

12-8 (b) Not more than 49 percent must be used to the extent of legislative

12-9 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 training [committee of the

12-12 department of motor vehicles and public safety for the continuing education

12-13 of persons whose primary duties are law enforcement;] commission;

12-14 (3) The operation by the Nevada highway patrol of a computerized

12-15 switching system for information related to law enforcement; and

12-16 (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 is

12-19 100,000 or more, the family division of the district court; or

12-20 (b) In any other judicial district, the juvenile division of the district

12-21 court.

12-22 Sec. 22. NRS 228.470 is hereby amended to read as follows:

12-23 228.470 1. The attorney general shall appoint a committee on

12-24 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 who

12-27 commit domestic violence;

12-28 (c) One representative from an office of the district attorney with

12-29 experience in prosecuting criminal offenses;

12-30 (d) One representative from an office of the city attorney with

12-31 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; and

12-35 (h) One person who:

12-36 (1) Has successfully completed a program for the treatment of

12-37 persons who commit domestic violence;

12-38 (2) Has not committed a violent act following such treatment; and

12-39 (3) Has demonstrated leadership by assisting persons who commit

12-40 domestic violence or victims of domestic violence.

12-41 At least two members of the committee must be residents of a county whose

12-42 population is less than 100,000.

13-1 2. The committee shall:

13-2 (a) Adopt regulations for the evaluation, certification and monitoring of

13-3 programs for the treatment of persons who commit domestic violence;

13-4 (b) Review, monitor and certify programs for the treatment of persons

13-5 who commit domestic violence;

13-6 (c) Review and evaluate existing programs provided to peace officers

13-7 for training related to domestic violence and make recommendations to the

13-8 peace officers’ standards and training [committee] commission regarding

13-9 such training;

13-10 (d) To the extent that money is available, arrange for the provision of

13-11 legal services, including, without limitation, assisting a person in an action

13-12 for divorce; and

13-13 (e) Submit on or before March 1 of each odd-numbered year a report to

13-14 the director of the legislative counsel bureau for distribution to the regular

13-15 session of the legislature. The report must include, without limitation, a

13-16 summary of the work of the committee and recommendations for any

13-17 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 may

13-21 meet at other times upon the call of the chairman. Any five members of the

13-22 committee constitute a quorum for the purpose of voting. A majority vote

13-23 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 as

13-25 is necessary to carry out the duties of the committee.

13-26 6. While engaged in the business of the committee, each member and

13-27 employee of the committee is entitled to receive the per diem allowance

13-28 and travel expenses provided for state officers and employees generally.

13-29 Sec. 23. NRS 432B.610 is hereby amended to read as follows:

13-30 432B.610 1. The peace officers’ standards and training [committee]

13-31 commission shall:

13-32 (a) Require each category I peace officer to complete a program of

13-33 training for the detection and investigation of and response to cases of

13-34 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 has

13-36 completed the program of training required pursuant to paragraph (a).

13-37 (c) Establish a program to provide the training required pursuant to

13-38 paragraph (a).

13-39 (d) Adopt regulations necessary to carry out the provisions of this

13-40 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, their

13-43 deputies and correctional officers;

14-1 (b) Personnel of the Nevada highway patrol appointed to exercise the

14-2 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 Community

14-5 College System of Nevada;

14-6 (e) Employees of the division of state parks of the state department of

14-7 conservation and natural resources designated by the administrator of the

14-8 division who exercise police powers specified in NRS 289.260;

14-9 (f) The chief, investigators and agents of the investigation division of the

14-10 department of motor vehicles and public safety; and

14-11 (g) The personnel of the division of wildlife of the state department of

14-12 conservation and natural resources who exercise those powers of

14-13 enforcement conferred by Title 45 and chapter 488 of NRS.

14-14 Sec. 24. NRS 432B.620 is hereby amended to read as follows:

14-15 432B.620 1. A peace officer assigned to investigate regularly cases

14-16 of sexual abuse or sexual exploitation of children under the age of 18 years

14-17 must be certified to carry out those duties by the peace officers’ standards

14-18 and training [committee.] commission.

14-19 2. The peace officers’ standards and training [committee] commission

14-20 shall require each peace officer assigned to investigate regularly cases of

14-21 sexual abuse or sexual exploitation of children under the age of 18 years to

14-22 complete, within 1 year after he is assigned to investigate those cases and

14-23 each year thereafter, a program of training for the detection and

14-24 investigation of and response to cases of sexual abuse or sexual

14-25 exploitation of children under the age of 18 years.

14-26 3. If a law enforcement agency does not have a peace officer who is

14-27 certified to investigate cases of sexual abuse or sexual exploitation of

14-28 children under the age of 18 years pursuant to NRS 432B.610, it may

14-29 consult with a peace officer of another law enforcement agency who is so

14-30 certified.

14-31 4. The peace officers’ standards and training [committee] commission

14-32 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 this

14-35 section.

14-36 5. The provisions of this section do not prohibit a peace officer who is

14-37 not certified to investigate cases of sexual abuse or sexual exploitation of

14-38 children under the age of 18 years pursuant to NRS 432B.610 from

14-39 testifying or presenting evidence at any proceeding relating to the sexual

14-40 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:

15-2 459.920 1. A person or governmental entity shall not operate or

15-3 display or cause to be operated or displayed a radar gun or similar device

15-4 unless it is:

15-5 (a) On the Consumer Products List of the International Association of

15-6 Chiefs of Police; and

15-7 (b) Inspected at least every 3 years to determine whether its level of

15-8 power and structural integrity comply with the minimum performance

15-9 specifications for that model established by the United States Department

15-10 of Transportation.

15-11 2. Any person or governmental entity that causes to be operated or

15-12 displayed a radar gun or similar device that emits nonionizing radiation

15-13 shall adopt procedures for its use that protect the health and safety of the

15-14 operator of the radar gun or device.

15-15 3. A peace officer must successfully complete a course of training in

15-16 the proper use of a radar gun or similar device approved by the peace

15-17 officers’ standards and training [committee of the department of motor

15-18 vehicles and public safety] commission before he may be authorized to

15-19 operate a radar gun or similar device.

15-20 Sec. 26. NRS 481.083 is hereby amended to read as follows:

15-21 481.083 1. Except for the operation of [the peace officers’ standards

15-22 and training committee,] the investigation division, the division of

15-23 emergency management, the state fire marshal division, the division of

15-24 parole and probation and the capitol police division of the department,

15-25 money for the administration of the provisions of this chapter must be

15-26 provided by direct legislative appropriation from the state highway fund

15-27 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 various

15-29 divisions must be paid out on claims approved by the director in the same

15-30 manner as other claims against the state are paid.

15-31 Sec. 27. NRS 481.243 is hereby amended to read as follows:

15-32 481.243 1. If circumstances require the appointment of persons with

15-33 special skills or training, the chief of the investigation division may appoint

15-34 persons as investigators who have those special skills or training and have

15-35 completed the requirements for the training of a category I peace officer .

15-36 [pursuant to NRS 481.053.] A person appointed as an investigator has the

15-37 powers of a peace officer while carrying out the duties assigned to him by

15-38 the chief or a person designated by the chief.

15-39 2. As used in this section, "category I peace officer" has the meaning

15-40 ascribed to it in NRS 432B.610.

15-41 Sec. 28. 1. Notwithstanding any specific statute to the contrary, the

15-42 terms of office of all members of the peace officers’ standards and training

15-43 committee expire on June 30, 1999.

16-1 2. Notwithstanding the provisions of section 8 of this act to the

16-2 contrary:

16-3 (a) Not later than July 1, 1999, the governor shall appoint the seven

16-4 persons who are members of the peace officers’ standards and training

16-5 committee on the effective date of this section as the initial members of the

16-6 peace officers’ standards and training commission, whose terms commence

16-7 on July 1, 1999, and expire on the dates upon which their respective terms

16-8 on the former peace officers’ standards and training committee would have

16-9 expired.

16-10 (b) For the terms of the members of the peace officers’ standards

16-11 commission who are appointed after the terms of the initial members of the

16-12 peace officers’ standards commission expire, the governor shall appoint:

16-13 (1) Four members to serve until July 1, 2001; and

16-14 (2) Three members to serve until July 1, 2002.

16-15 Sec. 29. 1. Any administrative regulations adopted by the peace

16-16 officers’ standards and training committee shall be deemed to have been

16-17 adopted by the peace officers’ standards and training commission and

16-18 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 entered

16-21 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 or

16-25 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 this

16-28 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 has

16-30 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 a

16-33 proceeding to determine the paternity of a child or to establish or enforce

16-34 an obligation for the support of a child; or

16-35 2. Are in arrears in the payment for the support of one or more

16-36 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 and

16-39 481.0545 are hereby repealed.

16-40 Sec. 32. 1. This section and section 28 of this act become effective

16-41 upon passage and approval.

16-42 2. Sections 1 to 27, inclusive, 29, 30 and 31 of this act become

16-43 effective on July 1, 1999.

 

17-1 LEADLINES OF REPEALED SECTIONS

 

17-2 481.053 Peace officers’ standards and training committee:

17-3 Appointment, terms, compensation and expenses of members; duties;

17-4 regulations.

17-5 481.054 Peace officers’ standards and training committee: Persons

17-6 required to be certified by committee; exceptions.

17-7 481.0541 Peace officers’ standards and training committee:

17-8 Application for certification as peace officer to include social security

17-9 number.

17-10 481.0542 Peace officers’ standards and training committee:

17-11 Submission of statement by applicant for certification as peace officer

17-12 regarding payment of child support; grounds for denial of

17-13 certification; duty of committee.

17-14 481.0543 Peace officers’ standards and training committee:

17-15 Suspension of certification as peace officer for failure to pay child

17-16 support or comply with certain subpoenas or warrants; reinstatement

17-17 of certification.

17-18 481.0545 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.

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