(REPRINTED WITH ADOPTED AMENDMENTS)

 

Assembly Bill No. 560–Committee on Government Affairs

 

March 26, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Revises certain provisions regarding peace officers. (BDR 23‑1461)

 

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 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 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 289.290 is hereby amended to read as follows:

1-2    289.290  1.  A person designated by the director of the state

1-3  department of agriculture as a field agent or an inspector pursuant to

1-4  subsection 2 of NRS 561.225 has the powers of a peace officer to make

1-5  investigations and arrests and to execute warrants of search and seizure,

1-6  and may temporarily stop [the movement of] a vehicle carrying livestock

1-7  and carcasses for the purpose of inspection.

1-8    2.  An inspector of the state board of sheep commissioners and his

1-9  deputies have the powers of a peace officer.

1-10    3.  An officer appointed by the Nevada junior livestock show board

1-11  pursuant to NRS 563.120 has the powers of a peace officer for the

1-12  preservation of order and peace on the grounds and in the buildings and the

1-13  approaches thereto of the livestock shows and exhibitions that the board

1-14  conducts.

1-15    4.  In carrying out the provisions of chapter 565 of NRS, an inspector

1-16  of the state department of agriculture has the powers of a peace officer to

1-17  make investigations and arrests and to execute warrants of search and

1-18  seizure. The provisions of this subsection do not authorize any inspector to

1-19  retire under the public employees’ retirement system before having

1-20  attained the minimum service age of 60 years.

2-1    Sec. 2.  NRS 289.470 is hereby amended to read as follows:

2-2    289.470  “Category II peace officer” means:

2-3    1.  The bailiff of the supreme court;

2-4    2.  The bailiffs of the district courts, justices’ courts and municipal

2-5  courts whose duties require them to carry weapons and make arrests;

2-6    3.  Constables and their deputies whose official duties require them to

2-7  carry weapons and make arrests;

2-8    4.  Inspectors employed by the transportation services authority who

2-9  exercise those powers of enforcement conferred by chapters 706 and 712

2-10  of NRS;

2-11    5.  Parole and probation officers;

2-12    6.  Special investigators who are employed full time by the office of

2-13  any district attorney or the attorney general;

2-14    7.  Investigators of arson for fire departments who are specially

2-15  designated by the appointing authority;

2-16    8.  The assistant and deputies of the state fire marshal;

2-17    9.  The brand inspectors of the state department of agriculture who

2-18  exercise the powers of enforcement conferred by chapter 565 of NRS;

2-19    10.  The field agents and inspectors of the state department of

2-20  agriculture who exercise the powers of enforcement conferred by NRS

2-21  561.225;

2-22    11.  Investigators for the state forester firewarden who are specially

2-23  designated by him and whose primary duties are related to the investigation

2-24  of arson;

2-25    [11.] 12.  School police officers employed by the board of trustees of

2-26  any county school district;

2-27    [12.] 13.  Agents of the state gaming control board who exercise the

2-28  powers of enforcement specified in NRS 289.360, 463.140 or 463.1405,

2-29  except those agents whose duties relate primarily to auditing, accounting,

2-30  the collection of taxes or license fees, or the investigation of applicants for

2-31  licenses;

2-32    [13.] 14.  Investigators and administrators of the division of

2-33  compliance enforcement of the motor vehicles branch of the department of

2-34  motor vehicles and public safety who perform the duties specified in

2-35  subsection 3 of NRS 481.048;

2-36    [14.] 15.  Officers and investigators of the section for the control of

2-37  emissions from vehicles of the motor vehicles branch of the department of

2-38  motor vehicles and public safety who perform the duties specified in

2-39  subsection 3 of NRS 481.0481;

2-40    [15.] 16.  Legislative police officers of the State of Nevada;

2-41    [16.] 17.  The personnel of the capitol police division of the

2-42  department of motor vehicles and public safety appointed pursuant to

2-43  subsection 2 of NRS 331.140;

2-44    [17.] 18.  Parole counselors of the division of child and family services

2-45  of the department of human resources;

2-46    [18.] 19.  Juvenile probation officers and deputy juvenile probation

2-47  officers employed by the various judicial districts in the State of Nevada or

2-48  by a department of family, youth and juvenile services established pursuant

3-1  to NRS 62.1264 whose official duties require them to enforce court orders

3-2  on juvenile offenders and make arrests;

3-3    [19.] 20.  Field investigators of the taxicab authority;

3-4    [20.] 21.  Security officers employed full time by a city or county

3-5  whose official duties require them to carry weapons and make arrests;

3-6    [21.] 22.  The chief of a department of alternative sentencing created

3-7  pursuant to NRS 211A.080 and the assistant alternative sentencing officers

3-8  employed by that department; and

3-9    [22.] 23.  Criminal investigators who are employed by the secretary of

3-10  state.

3-11    Sec. 3.  NRS 289.510 is hereby amended to read as follows:

3-12    289.510  1.  The commission:

3-13    (a) Shall meet at the call of the chairman, who must be elected by a

3-14  majority vote of the members of the commission.

3-15    (b) Shall provide for and encourage the training and education of

3-16  persons whose primary duty is law enforcement to ensure the safety of the

3-17  residents of and visitors to this state.

3-18    (c) Shall adopt regulations establishing minimum standards for the

3-19  certification and decertification, recruitment, selection and training of

3-20  peace officers. The regulations must establish:

3-21      (1) Requirements for basic training for category I, category II and

3-22  category III peace officers and reserve peace officers;

3-23      (2) Standards for programs for the continuing education of peace

3-24  officers, including minimum courses of study and requirements concerning

3-25  attendance;

3-26      (3) Qualifications for instructors of peace officers; and

3-27      (4) Requirements for the certification of a course of training.

3-28    (d) Shall, when necessary, present courses of training and continuing

3-29  education courses for category I, category II and category III peace officers

3-30  and reserve peace officers.

3-31    (e) May make necessary inquiries to determine whether the agencies of

3-32  this state and of the local governments are complying with standards set

3-33  forth in its regulations.

3-34    (f) Shall carry out the duties required of the commission pursuant to

3-35  NRS 432B.610 and 432B.620.

3-36    (g) May perform any other acts that may be necessary and appropriate

3-37  to the functions of the commission as set forth in NRS 289.450 to 289.600,

3-38  inclusive.

3-39    (h) May enter into an interlocal agreement with an Indian tribe to

3-40  provide training to and certification of persons employed as police

3-41  officers by that Indian tribe.

3-42    2.  Regulations adopted by the commission:

3-43    (a) Apply to all agencies of this state and of local governments in this

3-44  state that employ persons as peace officers;

3-45    (b) Must require that all peace officers receive training in the handling

3-46  of cases involving abuse or neglect of children or missing children; and

3-47    (c) May require that training be carried on at institutions which it

3-48  approves in those regulations.

 

4-1    Sec. 4.  NRS 289.550 is hereby amended to read as follows:

4-2    289.550  1.  [The persons] Except as otherwise provided in

4-3  subsection 2, a person upon whom some or all of the powers of a peace

4-4  officer are conferred pursuant to NRS 289.150 to 289.360, inclusive, must

4-5  be certified by the commission [, except

4-6    1.] within 1 year after the date on which the person commences

4-7  employment as a peace officer unless the commission, for good cause

4-8  shown, grants in writing an extension of time, which must not exceed 6

4-9  months, by which the person must become certified.

4-10    2.  The following persons are not required to be certified by the

4-11  commission:

4-12    (a) The chief parole and probation officer;

4-13    [2.] (b) The director of the department of prisons;

4-14    [3.] (c) The state fire marshal;

4-15    [4.] (d) The director of the department of motor vehicles and public

4-16  safety, the deputy directors of the department, the chiefs of the divisions of

4-17  the department other than the investigation division, and the members of

4-18  the state disaster identification team of the division of emergency

4-19  management of the department;

4-20    [5.] (e) The commissioner of insurance and his chief deputy;

4-21    [6.] (f) Railroad policemen; and

4-22    [7.] (g) California correctional officers.

4-23    Sec. 5.  NRS 561.225 is hereby amended to read as follows:

4-24    561.225  1.  The director shall appoint such technical, clerical and

4-25  operational staff as the execution of his duties and the operation of the

4-26  department may require.

4-27    2.  The director may designate such department personnel as are

4-28  required to be field agents and inspectors in the enforcement of the

4-29  provisions of Titles 49 and 50 of NRS[.] and chapters 581, 582, 583, 586,

4-30  587, 588 and 590 of NRS. The provisions of this subsection do not

4-31  authorize any department personnel so designated by the director to retire

4-32  from the public employees’ retirement system before having attained the

4-33  minimum service retirement age of 60 years.

4-34    Sec. 6.  This act becomes effective on July 1, 2001.

 

4-35  H