Assembly Bill No. 282–Assemblyman Bache

 

CHAPTER..........

 

AN ACT relating to peace officers; providing that a peace officer may not be required to submit to a polygraphic examination; providing certain protections to an officer who refuses to submit to such an examination; providing that a person who alleges that an officer has engaged in certain prohibited acts may not be required to submit to a polygraphic examination as a condition to an investigation of the allegation; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1. NRS 289.050 is hereby amended to read as follows:

   289.050  [Except as otherwise provided in NRS 289.070:]

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

   (a) No law enforcement agency may take any disciplinary or retaliatory

 action against [such] the officer; and

   (b) No investigator may make a notation of such a refusal in his report

 [, absent independent evidence of unlawful conduct by the peace officer.]

 or in any other manner maintain evidence of such a refusal.

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

 polygraphic examination is not admissible [if introduced by any

 governmental body or agency in this state] at any subsequent hearing, trial

 or other judicial or administrative proceeding.

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

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

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

 which could result in punitive action.

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

 to a polygraphic examination and the results of that examination indicate

 that the person examined is telling the truth about the purported activities,

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

 not required to, submit to a polygraphic examination concerning such

 activities.

   2.  A person who makes an allegation against an officer pursuant to

 subsection 1 may not be required to submit to a polygraphic examination

 as a condition to the investigation of his allegation, but may request or

 agree to be given a polygraphic examination. If such a person requests

 or agrees to be given a polygraphic examination, such an examination

 must be given.

   3.  If a polygraphic examination is given to an officer pursuant to this

 section, a sound or video recording must be made of the polygraphic

 examination, the preliminary interview and the post-examination

 interview. Before the opinion of the polygraphic examiner regarding the

 officer’s veracity may be considered in a disciplinary action, all records,

 documents and recordings resulting from the polygraphic examination

 must be made available for review by one or more polygraphic examiners

 licensed or qualified to be licensed in this state who are acceptable to the

 law enforcement agency and the officer. If the opinion of [the reviewing

 examiners] a reviewing polygraphic examiner does not agree with the

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

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

or qualified to be licensed in this state.

   4.  The opinion of [the] a polygraphic examiner regarding the officer’s

 veracity may not be considered in a disciplinary action unless the

 polygraphic examination was conducted in a manner which complies with

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

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

 veracity of the officer as the sole basis for disciplinary action against the

 officer.

   [5.  If the officer refuses to submit to a polygraphic examination

 required by this section:

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

 officer; and

   (b) An investigator may make a notation of the refusal in his report.

   6.  Evidence of any refusal by a peace officer to submit to a

 polygraphic examination required by this section is admissible if

 introduced by any governmental body or agency in this state at any

 subsequent hearing, trial or other judicial or administrative proceeding.]

 

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