Assembly Bill No. 220–Committee on Judiciary

 

CHAPTER..........

 

AN ACT relating to law enforcement; revising provisions governing the duties of certain peace officers in larger counties when certain felonies are committed or attempted in their presence or in an area that is within their jurisdiction; 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. Chapter 171 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  Except as otherwise provided in subsection 3, in a county whose

 population is 100,000 or more, a peace officer with limited jurisdiction

 who witnesses a category A felony being committed or attempted in his

 presence, or has reasonable cause for believing a person has committed

 or attempted to commit a category A felony in an area that is within his

 jurisdiction, shall immediately notify the primary law enforcement

 agency in the city or county, as appropriate, where the offense or

 attempted offense was committed.

   2.  Upon arrival of an officer from the primary law enforcement

 agency notified pursuant to subsection 1, a peace officer with limited

 jurisdiction shall immediately transfer the investigation of the offense or

 attempted offense to the primary law enforcement agency.

   3.  The provisions of subsection 1 do not:

   (a) Apply to an offense or attempted offense that is a misdemeanor,

 gross misdemeanor or felony other than a category A felony;

   (b) Apply to an officer of the Nevada Highway Patrol, a member of

 the police department of the University and Community College System

 of Nevada, an agent of the investigation division of the department of

 motor vehicles and public safety or a ranger of the division of state parks

 of the state department of conservation and natural resources;

   (c) Apply to a peace officer with limited jurisdiction if an interlocal

 agreement between his employer and the primary law enforcement

 agency in the city or county in which a category A felony was committed

 or attempted authorizes the peace officer with limited jurisdiction to

 respond to and investigate the felony without immediately notifying the

 primary law enforcement agency; or

   (d) Prohibit a peace officer with limited jurisdiction from:

     (1) Contacting a primary law enforcement agency for assistance

 with an offense that is a misdemeanor, gross misdemeanor or felony that

 is not a category A felony; or

     (2) Responding to a category A felony until the appropriate primary

 law enforcement agency arrives at the location where the felony was

 allegedly committed or attempted, including, without limitation, taking

 any appropriate action to provide assistance to a victim of the felony, to

 apprehend the person suspected of committing or attempting to commit

 the felony, to secure the location where the felony was allegedly

 committed or attempted and to protect the life and safety of the peace

 officer and any other person present at that location.

 

   4.  As used in this section:

   (a) “Peace officer with limited jurisdiction” means:

     (1) A school police officer who is appointed or employed pursuant

 to subsection 4 of NRS 391.100;

     (2) An airport guard or police officer who is appointed pursuant to

 NRS 496.130;

     (3) A person employed to provide police services for an airport

 authority created by a special act of the legislature; and

     (4) A marshal or park ranger who is part of a unit of specialized

 law enforcement established pursuant to NRS 280.125.

   (b) “Primary law enforcement agency” means:

     (1) A police department of an incorporated city;

     (2) The sheriff’s office of a county; or

     (3) If the county is within the jurisdiction of a metropolitan police

 department, the metropolitan police department.

   Sec. 2.  NRS 280.125 is hereby amended to read as follows:

   280.125  1.  The provisions of this chapter do not prohibit a

 participating political subdivision from establishing and administering the

 following units of specialized law enforcement:

   (a) A unit consisting of animal control officers.

   (b) A unit consisting of marshals.

   (c) A unit consisting of park rangers.

   (d) A unit for the investigation of arson.

   (e) A unit for the enforcement of laws relating to the licensure of

 businesses.

   (f) A unit for the enforcement of nonmoving traffic laws.

   2.  Except as otherwise limited in subsection 3, the jurisdiction and

 authority of any units of specialized law enforcement established pursuant

 to subsection 1 is concurrent with the authority and jurisdiction of the

 metropolitan police department.

   3.  The authority and jurisdiction of a unit consisting of marshals or

 park rangers is limited to:

   (a) The issuance of citations in accordance with the provisions of

NRS 171.17751;

   (b) The enforcement of state laws and city and county ordinances on

 real property owned, leased or otherwise under the control of the

 participating political subdivision;

   (c) The service of warrants of arrest issued pursuant to NRS 5.060;

 [and]

   (d) The removal of abandoned vehicles as authorized by NRS 487.230

 [.] ; and

   (e) The duties set forth in section 1 of this act.

   Sec.3.  NRS 289.190 is hereby amended to read as follows:

   289.190  1.  A person employed or appointed to serve as a school

 police officer pursuant to subsection 4 of NRS 391.100 has the powers of

 a peace officer. A school police officer shall perform his duties in

 compliance with the provisions of section 1 of this act.

   2.  A person appointed pursuant to NRS 393.0718 by the board of

 trustees of any school district has the powers of a peace officer to carry out

 the intents and purposes of NRS 393.071 to 393.0719, inclusive.

   3.  Members of every board of trustees of a school district,

superintendents of schools, principals and teachers have concurrent power

 with peace officers for the protection of children in school and on the way

 to and from school, and for the enforcement of order and discipline among

 such children, including children who attend school within one school

 district but reside in an adjoining school district or adjoining state,

 pursuant to the provisions of chapter 392 of NRS. This subsection must

 not be construed so as to make it the duty of superintendents of schools,

 principals and teachers to supervise the conduct of children while not on

 the school property.

   Sec. 4.  NRS 496.130 is hereby amended to read as follows:

   496.130  1.  A municipality that establishes or acquires an airport or

 air navigation facility may adopt, amend and repeal such reasonable

 ordinances, resolutions, rules, regulations or orders as it deems necessary

 for the management, government and use of the airport or air navigation

 facility under its control, whether situated within or outside of the

 territorial limits of the municipality.

   2.  For the enforcement thereof, the municipality may, by ordinance or

 resolution, as appropriate, appoint airport guards or police[,] with full

 police powers[,] which must be performed in compliance with the

 provisions of section 1 of this act, and fix penalties, within the limits

 prescribed by law, for the violation of the ordinances, resolutions, rules,

 regulations and orders. Penalties must be enforced in the same manner in

 which penalties prescribed by other ordinances or resolutions of the

 municipality are enforced.

   3.  A rule, regulation or ordinance must not be adopted, amended or

 repealed under this chapter, except by action of the governing body of the

 municipality after a public hearing in relation thereto at which public

 utilities owning facilities in the areas involved, and other interested

 persons, have an opportunity to be heard. At least 15 days’ notice of the

 hearing must:

   (a) Be given to all public utilities owning facilities in the area involved;

 and

   (b) Be published in an official paper or a paper of general circulation in

 the municipality or municipalities in which the airport is located.

This subsection does not apply to ordinances adopted pursuant to

NRS 350.579.

   4.  All ordinances, resolutions, rules, regulations or orders which are

 issued by the municipality must be kept in substantial conformity with the

 laws of this state, or any regulations adopted or standards established

 pursuant thereto, and, as nearly as possible, with the federal laws

 governing aeronautics and the rules, regulations or standards duly issued

 thereunder.

   5.  To the extent that an airport or other air navigation facility

 controlled and operated by a municipality is located outside the territorial

 limits of the municipality, it is subject to federal and state laws, rules or

 regulations, and under the jurisdiction and control of the municipality

 controlling or operating it. No other municipality has any authority to

 charge or exact a license fee or occupation tax for operations thereon.

 

   Sec. 5.  The amendatory provisions of this act do not apply to offenses

committed before October 1, 2001.

 

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