Assembly Bill No. 282–Assemblyman Bache

 

March 6, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions relating to refusal of peace officer to submit to polygraphic examination. (BDR 23‑1271)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to peace officers; revising the circumstances under which an investigator may note the refusal of a peace officer to submit to a polygraphic examination in his report; eliminating the requirement that a peace officer who is the subject of an investigation of alleged misconduct submit to a polygraphic examination in certain circumstances; 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 289.050 is hereby amended to read as follows:

1-2    289.050  Except as otherwise provided in NRS 289.070:

1-3    1.  If a peace officer refuses to submit to a polygraphic examination:

1-4    (a) No law enforcement agency may take any disciplinary action against

1-5  [such] the officer; and

1-6    (b) No investigator may make a notation of [such] the refusal in his

1-7  report . [, absent independent evidence of unlawful conduct by the peace

1-8  officer.]

1-9    2.  Evidence of any refusal by a peace officer to submit to a

1-10  polygraphic examination is not admissible if introduced by any

1-11  governmental body or agency in this state at any subsequent hearing, trial

1-12  or other judicial or administrative proceeding.

1-13    Sec. 2.  NRS 289.070 is hereby amended to read as follows:

1-14    289.070  1.  An investigation of a peace officer may be conducted in

1-15  response to an allegation that [an] the officer has engaged in activities

1-16  which could result in punitive action.

1-17    [2.  If a person who makes such an allegation against an officer submits

1-18  to a polygraphic examination and the results of that examination indicate

1-19  that the person examined is telling the truth about the purported activities,

1-20  the] The officer against whom the allegation is made [must] may, but is

2-1  not required to, submit to a polygraphic examination concerning such

2-2  activities.

2-3    [3.] 2.  If a polygraphic examination is given to an officer pursuant to

2-4  this section, a sound or video recording must be made of the polygraphic

2-5  examination, the preliminary interview and the post-examination interview.

2-6  Before the opinion of the polygraphic examiner regarding the officer’s

2-7  veracity may be considered in a disciplinary action, all records, documents

2-8  and recordings resulting from the polygraphic examination must be made

2-9  available for review by one or more polygraphic examiners licensed or

2-10  qualified to be licensed in this state who are acceptable to the law

2-11  enforcement agency and the officer. If the opinion of [the reviewing

2-12  examiners] a reviewing polygraphic examiner does not agree with the

2-13  initial polygraphic examiner’s opinion, the officer must be allowed to be

2-14  reexamined by [an] a polygraphic examiner of his choice who is licensed

2-15  or qualified to be licensed in this state.

2-16    [4.] 3.  The opinion of [the] a polygraphic examiner regarding the

2-17  officer’s veracity may not be considered in a disciplinary action unless the

2-18  polygraphic examination was conducted in a manner which complies with

2-19  the provisions of chapter 648 of NRS. In any event, the law enforcement

2-20  agency shall not use [the] a polygraphic examiner’s opinion regarding the

2-21  veracity of the officer as the sole basis for disciplinary action against the

2-22  officer.

2-23    [5.  If the]

2-24    4.  If an officer refuses to submit to a polygraphic examination

2-25  [required by] pursuant to this section[:

2-26    (a) A law enforcement agency may take disciplinary action against that

2-27  officer; and

2-28    (b) An] , an investigator may make a notation of the refusal in his

2-29  report.

2-30    [6.  Evidence of any refusal by a peace officer to submit to a

2-31  polygraphic examination required by this section is admissible if

2-32  introduced by any governmental body or agency in this state at any

2-33  subsequent hearing, trial or other judicial or administrative proceeding.]

 

2-34  H