Assembly Bill No. 323–Assemblywoman Chowning (by request)

 

March 12, 2001

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Referred to Committee on Government Affairs

 

SUMMARY—Revises provisions regarding rights of peace officers. (BDR 23‑1277)

 

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; providing that certain statements made by and certain information provided by a peace officer during an interrogation or hearing pertaining to the officer’s alleged misconduct is confidential and is not admissible in a subsequent civil or criminal proceeding; providing that certain information obtained from a peace officer by the peace officer’s representative is confidential and is not admissible in a subsequent civil or criminal proceeding; 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 289.060 is hereby amended to read as follows:

1-2    289.060  1.  The agency shall, within a reasonable time before any

1-3  interrogation or hearing is held relating to an investigation of the activities

1-4  of a peace officer which may result in punitive action, provide written

1-5  notice to the officer if practical under the circumstances.

1-6    2.  The notice must include:

1-7    (a) A description of the nature of the investigation;

1-8    (b) A summary of alleged misconduct of the peace officer;

1-9    (c) The date, time and place of the interrogation or hearing;

1-10    (d) The name and rank of the officer in charge of the investigation and

1-11  the officers who will conduct any interrogation;

1-12    (e) The name of any other person who will be present at any

1-13  interrogation or hearing; and

1-14    (f) A statement setting forth the provisions of subsection 1 of NRS

1-15  289.080.

1-16    3.  The agency shall:

1-17    (a) Interrogate the officer during his regular working hours, if

1-18  reasonably practicable, or compensate him for that time based on his

1-19  regular wages if no charges arise from the interrogation.

2-1    (b) Limit the scope of the questions during the interrogation or hearing

2-2  to the alleged misconduct of the officer.

2-3    (c) Allow the officer to explain an answer or refute a negative

2-4  implication which results from questioning during an interrogation or

2-5  hearing.

2-6    4.  If a peace officer makes a statement or provides information

2-7  during the interrogation or hearing and the statement is made or the

2-8  information is provided under duress, coercion or the threat of punitive

2-9  action, the statement or information is confidential and is not admissible

2-10  if introduced in this state at any subsequent civil or criminal proceeding.

2-11    Sec. 2.  NRS 289.080 is hereby amended to read as follows:

2-12    289.080  1.  Except as otherwise provided in subsection 2, a peace

2-13  officer may upon request have a lawyer or other representative of his

2-14  choosing present with the peace officer during any phase of an

2-15  interrogation or hearing.

2-16    2.  The representative must not otherwise be connected to, or the

2-17  subject of, the same investigation.

2-18    3.  Any information that the representative obtains from the peace

2-19  officer concerning the investigation is [confidential] :

2-20    (a) Not admissible if introduced in this state at any subsequent civil or

2-21  criminal proceeding; and

2-22    (b) Confidential and must not be disclosed except upon the:

2-23    [(a)] (1) Request of the peace officer; or

2-24    [(b)] (2) Lawful order of a court of competent jurisdiction.

2-25  A law enforcement agency shall not take punitive action against the

2-26  representative for his failure or refusal to disclose such information.

2-27    4.  The peace officer or the law enforcement agency may make a

2-28  stenographic or magnetic record of the interrogation or hearing. If the

2-29  agency records the proceedings, the agency shall , at the officer’s request

2-30  and expense , provide a copy of the:

2-31    (a) Stenographic transcript of the proceedings; or

2-32    (b) Recording on the magnetic tape.

2-33    Sec. 3.  NRS 289.090 is hereby amended to read as follows:

2-34    289.090  [The] Except as otherwise provided in subsection 4 of NRS

2-35  289.060, the provisions of NRS 289.060, 289.070 and 289.080 do not

2-36  apply to any investigation which concerns alleged criminal activities.

 

2-37  H