2001 REGULAR SESSION (71st)                                                                            A AB282 467

Amendment No. 467

 

Assembly Amendment to Assembly Bill No. 282                                                              (BDR 23‑1271)

Proposed by: Committee on Government Affairs

Amendment Box:

Resolves Conflicts with: N/A

Amends:         Summary:              Title:              Preamble:               Joint Sponsorship:

 

ASSEMBLY ACTION              Initial and Date              |SENATE ACTION                        Initial and Date

       Adopted       Lost                                               |          Adopted       Lost                                           

Concurred In                     Not                                                        |Concurred In  Not                                 

       Receded        Not                                               |         Receded        Not                                           

 

     Amend section 1, page 1, by deleting lines 2 through 12 and inserting:

     “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.”.

     Amend sec. 2, page 2, between lines 2 and 3, by inserting:

     “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.”.

     Amend sec. 2, page 2, line 3, by deleting “[3.] 2.” and inserting “3.”.

     Amend sec. 2, page 2, line 16, by deleting “[4.]3.” and inserting “4.”.

     Amend sec. 2, page 2, by deleting lines 23 through 29 and inserting:

     “[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.”.

     Amend sec. 2, page 2, line 30, by deleting “[6.”and inserting “6.”.

     Amend the title of the bill to read as follows:

“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.”.

     Amend the summary of the bill to read as follows:

“SUMMARY—Revises provisions governing use of polygraphic examinations for peace officers and as part of investigation of peace officers. (BDR 23-1271)”.