Assembly Bill No. 560–Committee on Government Affairs
CHAPTER..........
AN ACT relating to law enforcement; providing that certain field agents and inspectors of the state department of agriculture are category II peace officers; providing that the peace officers’ standards and training commission may enter into certain interlocal agreements with Indian tribes; requiring that certain peace officers be certified by the commission within a certain period; revising the authority of the director of the state department of agriculture to designate certain department personnel as field agents and expanding their authority to stop vehicles temporarily; 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 289.290 is hereby amended to read as follows:
289.290 1. A person designated by the director of the state
department of agriculture as a field agent or an inspector pursuant to
subsection 2 of NRS 561.225 has the powers of a peace officer to make
investigations and arrests and to execute warrants of search and seizure,
and may temporarily stop [the movement of livestock and carcasses for the
purpose of inspection.] a vehicle in the enforcement of the provisions of
Titles 49 and 50 of NRS and chapters 581, 582, 583, 586, 587, 588 and
590 of NRS.
2. An inspector of the state board of sheep commissioners and his
deputies have the powers of a peace officer.
3. An officer appointed by the Nevada junior livestock show board
pursuant to NRS 563.120 has the powers of a peace officer for the
preservation of order and peace on the grounds and in the buildings and
the approaches thereto of the livestock shows and exhibitions that the
board conducts.
4. In carrying out the provisions of chapter 565 of NRS, an inspector
of the state department of agriculture has the powers of a peace officer to
make investigations and arrests and to execute warrants of search and
seizure. The provisions of this subsection do not authorize any inspector to
retire under the public employees’ retirement system before having
attained the minimum service age of 60 years.
Sec. 2. NRS 289.470 is hereby amended to read as follows:
289.470 “Category II peace officer” means:
1. The bailiff of the supreme court;
2. The bailiffs of the district courts, justices’ courts and municipal
courts whose duties require them to carry weapons and make arrests;
3. Constables and their deputies whose official duties require them to
carry weapons and make arrests;
4. Inspectors employed by the transportation services authority who
exercise those powers of enforcement conferred by chapters 706 and 712
of NRS;
5. Parole and probation officers;
6. Special investigators who are employed full time by the office of
any district attorney or the attorney general;
7. Investigators of arson for fire departments who are specially
designated by the appointing authority;
8. The assistant and deputies of the state fire marshal;
9. The brand inspectors of the state department of agriculture who
exercise the powers of enforcement conferred by chapter 565 of NRS;
10. The field agents and inspectors of the state department of
agriculture who exercise the powers of enforcement conferred by NRS
561.225;
11. Investigators for the state forester firewarden who are specially
designated by him and whose primary duties are related to the
investigation of arson;
[11.] 12. School police officers employed by the board of trustees of
any county school district;
[12.] 13. Agents of the state gaming control board who exercise the
powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,
except those agents whose duties relate primarily to auditing, accounting,
the collection of taxes or license fees, or the investigation of applicants for
licenses;
[13.] 14. Investigators and administrators of the division of
compliance enforcement of the motor vehicles branch of the department of
motor vehicles and public safety who perform the duties specified in
subsection 3 of NRS 481.048;
[14.] 15. Officers and investigators of the section for the control of
emissions from vehicles of the motor vehicles branch of the department of
motor vehicles and public safety who perform the duties specified in
subsection 3 of NRS 481.0481;
[15.] 16. Legislative police officers of the State of Nevada;
[16.] 17. The personnel of the capitol police division of the
department of motor vehicles and public safety appointed pursuant to
subsection 2 of NRS 331.140;
[17.] 18. Parole counselors of the division of child and family services
of the department of human resources;
[18.] 19. Juvenile probation officers and deputy juvenile probation
officers employed by the various judicial districts in the State of Nevada
or by a department of family, youth and juvenile services established
pursuant to NRS 62.1264 whose official duties require them to enforce
court orders on juvenile offenders and make arrests;
[19.] 20. Field investigators of the taxicab authority;
[20.] 21. Security officers employed full time by a city or county
whose official duties require them to carry weapons and make arrests;
[21.] 22. The chief of a department of alternative sentencing created
pursuant to NRS 211A.080 and the assistant alternative sentencing officers
employed by that department; and
[22.] 23. Criminal investigators who are employed by the secretary of
state.
Sec. 3. NRS 289.510 is hereby amended to read as follows:
289.510 1. The commission:
(a) Shall meet at the call of the chairman, who must be elected by a
majority vote of the members of the commission.
(b) Shall provide for and encourage the training and education of
persons whose primary duty is law enforcement to ensure the safety of the
residents of and visitors to this state.
(c) Shall adopt regulations establishing minimum standards for the
certification and decertification, recruitment, selection and training of
peace officers. The regulations must establish:
(1) Requirements for basic training for category I, category II and
category III peace officers and reserve peace officers;
(2) Standards for programs for the continuing education of peace
officers, including minimum courses of study and requirements
concerning attendance;
(3) Qualifications for instructors of peace officers; and
(4) Requirements for the certification of a course of training.
(d) Shall, when necessary, present courses of training and continuing
education courses for category I, category II and category III peace
officers and reserve peace officers.
(e) May make necessary inquiries to determine whether the agencies of
this state and of the local governments are complying with standards set
forth in its regulations.
(f) Shall carry out the duties required of the commission pursuant to
NRS 432B.610 and 432B.620.
(g) May perform any other acts that may be necessary and appropriate
to the functions of the commission as set forth in NRS 289.450 to 289.600,
inclusive.
(h) May enter into an interlocal agreement with an Indian tribe to
provide training to and certification of persons employed as police
officers by that Indian tribe.
2. Regulations adopted by the commission:
(a) Apply to all agencies of this state and of local governments in this
state that employ persons as peace officers;
(b) Must require that all peace officers receive training in the handling
of cases involving abuse or neglect of children or missing children; and
(c) May require that training be carried on at institutions which it
approves in those regulations.
Sec. 4. NRS 289.550 is hereby amended to read as follows:
289.550 1. [The persons] Except as otherwise provided in
subsection 2, a person upon whom some or all of the powers of a peace
officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must
be certified by the commission [, except
1.] within 1 year after the date on which the person commences
employment as a peace officer unless the commission, for good cause
shown, grants in writing an extension of time, which must not exceed 6
months, by which the person must become certified. A person who fails
to become certified within the required time shall not exercise any of the
powers of a peace officer after the time for becoming certified has
expired.
2. The following persons are not required to be certified by the
commission:
(a) The chief parole and probation officer;
[2.] (b) The director of the department of prisons;
[3.] (c) The state fire marshal;
[4.] (d) The director of the department of motor vehicles and public
safety, the deputy directors of the department, the chiefs of the divisions of
the department other than the investigation division, and the members of
the state disaster identification team of the division of emergency
management of the department;
[5.] (e) The commissioner of insurance and his chief deputy;
[6.] (f) Railroad policemen; and
[7.] (g) California correctional officers.
Sec. 5. NRS 561.225 is hereby amended to read as follows:
561.225 1. The director shall appoint such technical, clerical and
operational staff as the execution of his duties and the operation of the
department may require.
2. The director may designate such department personnel as are
required to be field agents and inspectors in the enforcement of the
provisions of Titles 49 and 50 of NRS[.] and chapters 581, 582, 583, 586,
587, 588 and 590 of NRS. The provisions of this subsection do not
authorize any department personnel so designated by the director to retire
from the public employees’ retirement system before having attained the
minimum service retirement age of 60 years.
Sec. 6. The amendatory provisions of section 4 of this act do not apply
until July 1, 2002, to a person who has commenced employment as a
peace officer before July 1, 2001, and who is required to be certified
pursuant to NRS 289.550 but has not been certified by July 1, 2001.
Sec. 7. This act becomes effective on July 1, 2001.
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