[Rev. 11/21/2013 10:43:34 AM--2013]

CHAPTER 289 - PEACE OFFICERS

GENERAL PROVISIONS

NRS 289.010           Definitions.

RIGHTS OF PEACE OFFICERS

NRS 289.020           Punitive action: Prohibited for exercise of rights under internal procedure; opportunity for hearing; refusal to cooperate in criminal investigation punishable as insubordination.

NRS 289.025           Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions.

NRS 289.027           Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.

NRS 289.030           Law enforcement agency prohibited from requiring peace officer to disclose financial information; exception.

NRS 289.040           Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances.

NRS 289.050           Consequences of refusal to submit to polygraphic examination.

NRS 289.055           Establishment and availability of written procedures for investigating complaints and allegations of misconduct.

NRS 289.057           Investigation of allegation of misconduct; suspension without pay; review of file by peace officer in certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action in certain circumstances.

NRS 289.060           Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings.

NRS 289.070           Use of polygraphic examination in investigation.

NRS 289.080           Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to review and copy investigation file upon appeal.

NRS 289.085           Inadmissibility of evidence obtained unlawfully during investigation.

NRS 289.090           Investigation concerning alleged criminal activities.

NRS 289.095           Investigation of motor vehicle accidents involving peace officers.

NRS 289.100           Limitations on application of chapter.

NRS 289.110           Report concerning improper governmental action; investigation of report; reprisal by employer prohibited.

NRS 289.120           Judicial relief available for aggrieved peace officer.

PERSONS POSSESSING POWERS OF PEACE OFFICERS

NRS 289.150           Sheriffs, their deputies and correctional officers; city and town marshals, police officers and correctional officers; court bailiffs and deputy marshals of certain district courts; constables and their deputies.

NRS 289.155           Persons appointed and employed by Supreme Court to provide for safety and security of justices and employees of Supreme Court and carry out duties prescribed by Chief Justice.

NRS 289.160           Security officers and other persons employed or appointed by local governments under certain circumstances.

NRS 289.170           Special investigators employed by Attorney General; investigators employed by district attorney.

NRS 289.175           Criminal investigators employed by Secretary of State.

NRS 289.180           Parole and probation officers; juvenile probation officers; alternative sentencing officers of department of alternative sentencing; director of juvenile services; Chief and parole officers of Youth Parole Bureau; director of department of juvenile justice services.

NRS 289.190           School police officers; other officers and employees of school district.

NRS 289.200           Officers and employees of state facilities for detention of children.

NRS 289.210           Legislative police.

NRS 289.220           Director, officers and designated employees of Department of Corrections; certain employees of detention facilities of metropolitan police department.

NRS 289.230           California correctional officer.

NRS 289.240           Certain employees of Division of Public and Behavioral Health of Department of Health and Human Services.

NRS 289.250           Foresters and firewardens; arson investigators.

NRS 289.260           Rangers and employees of Division of State Parks of State Department of Conservation and Natural Resources.

NRS 289.270           Director and certain employees of Department of Public Safety; State Disaster Identification Team; certain officers and employees of Department of Motor Vehicles.

NRS 289.280           Game wardens.

NRS 289.290           Field agents and inspectors for State Department of Agriculture; officer appointed by Nevada Junior Livestock Show Board.

NRS 289.300           Investigator of Private Investigator’s Licensing Board; criminal investigator of State Contractors’ Board.

NRS 289.310           Commissioner of Insurance and chief deputy.

NRS 289.320           Certain designated employees of Nevada Transportation Authority.

NRS 289.330           Railroad police officer.

NRS 289.340           Taxicab field investigator or airport control officer designated by Taxicab Administrator.

NRS 289.350           Members of police department of Nevada System of Higher Education.

NRS 289.360           Members and agents of State Gaming Control Board; members of Nevada Gaming Commission.

ADVISORY REVIEW BOARDS

NRS 289.380           Creation by governing body of city or county; number, appointment and qualifications of members.

NRS 289.383           Creation by political subdivisions upon request from metropolitan police department; number, appointment and qualifications of members.

NRS 289.385           Limitation on jurisdiction; abridgement of contractual or statutory rights of peace officer prohibited.

NRS 289.387           Panel of board: Selection of members; powers and duties; proceedings; rights of officer investigated.

NRS 289.390           Panel of board: Oaths; subpoenas.

CERTIFICATION

NRS 289.450           Definitions.

NRS 289.460           “Category I peace officer” defined.

NRS 289.470           “Category II peace officer” defined.

NRS 289.480           “Category III peace officer” defined.

NRS 289.490           “Commission” defined.

NRS 289.500           Peace Officers’ Standards and Training Commission: Creation; membership; terms and compensation of members.

NRS 289.510           Peace Officers’ Standards and Training Commission: Powers and duties; regulations.

NRS 289.520           Executive Director: Appointment; qualifications; classification; restrictions on other employment; removal.

NRS 289.530           Powers of Executive Director.

NRS 289.540           Account for the Training of Peace Officers: Creation; administration; acceptance of gifts, donations, bequests, grants, money or other financial assistance; expenditures.

NRS 289.550           Persons required to be certified by Peace Officers’ Standards and Training Commission; period by which certification is required.

NRS 289.555           Person convicted of felony not qualified to serve as peace officer.

NRS 289.560           Application for certification as peace officer to include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 289.570           Submission of statement by applicant for certification as peace officer regarding payment of child support; grounds for denial of certification; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 289.580           Suspension of certification as peace officer for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 289.590           Training in proper use of choke hold as condition of certification; annual training and recertification; regulations.

NRS 289.600           Training in dealing with crimes of stalking and aggravated stalking as condition of certification.

MISCELLANEOUS PROVISIONS

NRS 289.800           Reimbursement for cost to repair or replace uniform, accessories or safety equipment damaged or destroyed in performance of duties.

NRS 289.810           Peace officer prohibited from using choke hold; exceptions; agencies required to adopt regulations.

NRS 289.820           Peace officer prohibited from engaging in racial profiling; retaliatory or punitive action prohibited against peace officer for disclosure of information concerning racial profiling.

_________

 

GENERAL PROVISIONS

      NRS 289.010  Definitions.  As used in this chapter, unless the context otherwise requires:

      1.  “Administrative file” means any file of a peace officer containing information, comments or documents about the peace officer. The term does not include any file relating to an investigation conducted pursuant to NRS 289.057 or a criminal investigation of a peace officer.

      2.  “Choke hold” means the holding of a person’s neck in a manner specifically intended to restrict the flow of oxygen or blood to the person’s lungs or brain. The term includes the arm-bar restraint, carotid restraint and lateral vascular neck restraint.

      3.  “Peace officer” means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289.150 to 289.360, inclusive.

      4.  “Punitive action” means any action which may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

      (Added to NRS by 1983, 2096; A 1989, 1582; 1993, 2525; 1999, 182, 2424; 2005, 621)

RIGHTS OF PEACE OFFICERS

      NRS 289.020  Punitive action: Prohibited for exercise of rights under internal procedure; opportunity for hearing; refusal to cooperate in criminal investigation punishable as insubordination.

      1.  A law enforcement agency shall not use punitive action against a peace officer if the peace officer chooses to exercise the peace officer’s rights under any internal administrative grievance procedure.

      2.  If a peace officer is denied a promotion on grounds other than merit or other punitive action is used against the peace officer, a law enforcement agency shall provide the peace officer with an opportunity for a hearing.

      3.  If a peace officer refuses to comply with a request by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination.

      (Added to NRS by 1983, 2098)

      NRS 289.025  Confidentiality of home address and photograph of peace officer in possession of law enforcement agency; exceptions.

      1.  Except as otherwise provided in subsections 2 and 3 and NRS 239.0115, the home address and any photograph of a peace officer in the possession of a law enforcement agency are not public information and are confidential.

      2.  The photograph of a peace officer may be released:

      (a) If the peace officer authorizes the release; or

      (b) If the peace officer has been arrested.

      3.  The home address of a peace officer may be released if a peace officer has been arrested and the home address is included in any of the following:

      (a) A report of a 911 telephone call.

      (b) A police report, investigative report or complaint which a person filed with a law enforcement agency.

      (c) A statement made by a witness.

      (d) A report prepared pursuant to NRS 432B.540 by an agency which provides child welfare services, which report details a plan for the placement of a child.

      (Added to NRS by 2005, 621; A 2007, 2087, 2815)

      NRS 289.027  Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.

      1.  Each law enforcement agency shall adopt policies and procedures that provide for the orderly and safe acceptance of service of certain subpoenas served on a peace officer employed by the law enforcement agency.

      2.  A subpoena to be served upon a peace officer that is authorized to be served upon a law enforcement agency in accordance with the policies and procedures adopted pursuant to subsection 1 may be served in the manner provided by those policies and procedures.

      (Added to NRS by 2007, 2815)

      NRS 289.030  Law enforcement agency prohibited from requiring peace officer to disclose financial information; exception.  A law enforcement agency shall not require any peace officer to disclose the peace officer’s assets, debts, sources of income or other financial information or make such a disclosure a condition precedent to a promotion, job assignment or other personnel action unless that information is necessary to:

      1.  Determine the peace officer’s credentials for transfer to a specialized unit;

      2.  Prevent any conflict of interest which may result in any new assignment; or

      3.  Determine whether the peace officer is engaged in unlawful activity.

      (Added to NRS by 1983, 2096)

      NRS 289.040  Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer; exception; right to respond; provision of copy of comment or document; right to review administrative file under certain circumstances.

      1.  Except as otherwise provided in subsection 3, a law enforcement agency shall not place any unfavorable comment or document in any administrative file of a peace officer maintained by the law enforcement agency unless:

      (a) The peace officer has read and initialed the comment or document; or

      (b) If the peace officer refuses to initial the comment or document, a notation to that effect is noted on or attached to the comment or document.

      2.  If the peace officer submits to the law enforcement agency a written response within 30 days after the peace officer is asked to initial the comment or document, the peace officer’s response must be attached to and accompany the comment or document.

      3.  If a peace officer is the subject of an investigation of a complaint or allegation conducted pursuant to NRS 289.057, the law enforcement agency may place into any administrative file relating to the peace officer only:

      (a) A copy of the disposition of the allegation of misconduct if the allegation is sustained; and

      (b) A copy of the notice of or statement of adjudication of any punitive or remedial action taken against the peace officer.

      4.  A peace officer must be given a copy of any comment or document that is placed in an administrative file of the peace officer maintained by the law enforcement agency.

      5.  Upon request, a peace officer may review any administrative file of that peace officer maintained by the law enforcement agency that does not relate to a current investigation.

      (Added to NRS by 1983, 2097; A 1991, 2213; 2005, 621)

      NRS 289.050  Consequences of refusal to submit to polygraphic examination.

      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 the peace officer; and

      (b) No investigator may make a notation of such a refusal in the investigator’s report 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 at any subsequent hearing, trial or other judicial or administrative proceeding.

      (Added to NRS by 1983, 2097; A 2001, 1663)

      NRS 289.055  Establishment and availability of written procedures for investigating complaints and allegations of misconduct.  Each agency in this State that employs peace officers shall:

      1.  Establish written procedures for investigating any complaint or allegation of misconduct made or filed against a peace officer employed by the agency; and

      2.  Make copies of the written procedures established pursuant to subsection 1 available to the public.

      (Added to NRS by 1999, 948)

      NRS 289.057  Investigation of allegation of misconduct; suspension without pay; review of file by peace officer in certain circumstances; law enforcement agency prohibited from keeping or making record of investigation or punitive action in certain circumstances.

      1.  An investigation of a peace officer may be conducted in response to a complaint or allegation that the peace officer has engaged in activities which could result in punitive action.

      2.  Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

      3.  After the conclusion of the investigation:

      (a) If the investigation causes a law enforcement agency to impose punitive action against the peace officer who was the subject of the investigation and the peace officer has received notice of the imposition of the punitive action, the peace officer or a representative authorized by the peace officer may, except as otherwise prohibited by federal or state law, review any administrative or investigative file maintained by the law enforcement agency relating to the investigation, including any recordings, notes, transcripts of interviews and documents.

      (b) If, pursuant to a policy of a law enforcement agency or a labor agreement, the record of the investigation or the imposition of punitive action is subject to being removed from any administrative file relating to the peace officer maintained by the law enforcement agency, the law enforcement agency shall not, except as otherwise required by federal or state law, keep or make a record of the investigation or the imposition of punitive action after the record is required to be removed from the administrative file.

      (Added to NRS by 2005, 620; A 2007, 422; 2011, 1750)

      NRS 289.060  Notification and requirements for interview, interrogation or hearing relating to investigation; prohibition against use of certain statements or answers in subsequent criminal proceedings.

      1.  Except as otherwise provided in this subsection, a law enforcement agency shall, not later than 48 hours before any interrogation or hearing is held relating to an investigation conducted pursuant to NRS 289.057, provide a written notice to the peace officer who is the subject of the investigation. If the law enforcement agency believes that any other peace officer has any knowledge of any fact relating to the complaint or allegation against the peace officer who is the subject of the investigation, the law enforcement agency shall provide a written notice to the peace officer advising the peace officer that he or she must appear and be interviewed as a witness in connection with the investigation. Any peace officer who serves as a witness during an interview must be allowed a reasonable opportunity to arrange for the presence and assistance of a representative authorized by NRS 289.080. Any peace officer specified in this subsection may waive the notice required pursuant to this section.

      2.  The notice provided to the peace officer who is the subject of the investigation must include:

      (a) A description of the nature of the investigation;

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

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

      (d) The name and rank of the officer in charge of the investigation and the officers who will conduct any interrogation or hearing;

      (e) The name of any other person who will be present at any interrogation or hearing; and

      (f) A statement setting forth the provisions of subsection 1 of NRS 289.080.

      3.  The law enforcement agency shall:

      (a) Interview or interrogate the peace officer during the peace officer’s regular working hours, if reasonably practicable, or revise the peace officer’s work schedule to allow any time that is required for the interview or interrogation to be deemed a part of the peace officer’s regular working hours. Any such time must be calculated based on the peace officer’s regular wages for his or her regularly scheduled working hours. If the peace officer is not interviewed or interrogated during his or her regular working hours or if his or her work schedule is not revised pursuant to this paragraph and the law enforcement agency notifies the peace officer to appear at a time when he or she is off duty, the peace officer must be compensated for appearing at the interview or interrogation based on the wages and any other benefits the peace officer is entitled to receive for appearing at the time set forth in the notice.

      (b) Immediately before any interrogation or hearing begins, inform the peace officer who is the subject of the investigation orally on the record that:

             (1) The peace officer is required to provide a statement and answer questions related to the peace officer’s alleged misconduct; and

             (2) If the peace officer fails to provide such a statement or to answer any such questions, the agency may charge the peace officer with insubordination.

      (c) Limit the scope of the questions during the interrogation or hearing to the alleged misconduct of the peace officer who is the subject of the investigation. If any evidence is discovered during the course of an investigation or hearing which establishes or may establish any other possible misconduct engaged in by the peace officer, the law enforcement agency shall notify the peace officer of that fact and shall not conduct any further interrogation of the peace officer concerning the possible misconduct until a subsequent notice of that evidence and possible misconduct is provided to the peace officer pursuant to this chapter.

      (d) Allow the peace officer who is the subject of the investigation or who is a witness in the investigation to explain an answer or refute a negative implication which results from questioning during an interview, interrogation or hearing.

      4.  If a peace officer provides a statement or answers a question relating to the alleged misconduct of a peace officer who is the subject of an investigation pursuant to NRS 289.057 after the peace officer is informed that failing to provide the statement or answer may result in punitive action against him or her, the statement or answer must not be used against the peace officer who provided the statement or answer in any subsequent criminal proceeding.

      (Added to NRS by 1983, 2097; A 1993, 2379; 2005, 622; 2011, 1750)

      NRS 289.070  Use of polygraphic examination in investigation.

      1.  During an investigation conducted pursuant to NRS 289.057, the peace officer against whom the allegation is made may, but is not required to, submit to a polygraphic examination concerning such activities.

      2.  A person who makes an allegation against a peace officer pursuant to NRS 289.057 may not be required to submit to a polygraphic examination as a condition to the investigation of the person’s 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 a peace officer pursuant to this section, a sound or video recording must be made of the polygraphic examination, the preliminary interview and the postexamination interview. Before the opinion of the polygraphic examiner regarding the peace 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 to the officer. If the opinion of a reviewing polygraphic examiner does not agree with the initial polygraphic examiner’s opinion, the peace officer must be allowed to be reexamined by a polygraphic examiner of the peace officer’s choice who is licensed or qualified to be licensed in this State.

      4.  The opinion of a polygraphic examiner regarding the peace 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 a polygraphic examiner’s opinion regarding the veracity of the peace officer as the sole basis for disciplinary action against the peace officer.

      (Added to NRS by 1983, 2097; A 1989, 1582; 2001, 1663; 2005, 622)

      NRS 289.080  Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation; confidential information; disclosure; record of interview, interrogation or hearing; right of subject of investigation to review and copy investigation file upon appeal.

      1.  Except as otherwise provided in subsection 4, a peace officer who is the subject of an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during any phase of an interrogation or hearing relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer.

      2.  Except as otherwise provided in subsection 4, a peace officer who is a witness in an investigation conducted pursuant to NRS 289.057 may upon request have two representatives of the peace officer’s choosing present with the peace officer during an interview relating to the investigation, including, without limitation, a lawyer, a representative of a labor union or another peace officer. The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.

      3.  A representative of a peace officer must assist the peace officer during the interview, interrogation or hearing. The law enforcement agency conducting the interview, interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.

      4.  A representative must not otherwise be connected to, or the subject of, the same investigation.

      5.  Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and must not be disclosed.

      6.  Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:

      (a) Request of the peace officer; or

      (b) Lawful order of a court of competent jurisdiction.

Ê A law enforcement agency shall not take punitive action against a representative for the representative’s failure or refusal to disclose such information.

      7.  The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interview, interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer’s request and expense provide a copy of the:

      (a) Stenographic transcript of the proceedings; or

      (b) Recording on the digital or magnetic tape.

      8.  After the conclusion of the investigation, the peace officer who was the subject of the investigation or any representative of the peace officer may, if the peace officer appeals a recommendation to impose punitive action, review and copy the entire file concerning the internal investigation, including, without limitation, any recordings, notes, transcripts of interviews and documents contained in the file.

      (Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380; 2005, 623; 2011, 1752)

      NRS 289.085  Inadmissibility of evidence obtained unlawfully during investigation.  If an arbitrator or court determines that evidence was obtained during an investigation of a peace officer concerning conduct that could result in punitive action in a manner which violates any provision of NRS 289.010 to 289.120, inclusive, and that such evidence may be prejudicial to the peace officer, such evidence is inadmissible and the arbitrator or court shall exclude such evidence during any administrative proceeding commenced or civil action filed against the peace officer.

      (Added to NRS by 2005, 621)

      NRS 289.090  Investigation concerning alleged criminal activities.  The provisions of NRS 289.057, 289.060, 289.070 and 289.080 do not apply to any investigation which concerns alleged criminal activities.

      (Added to NRS by 1983, 2098; A 2005, 624)

      NRS 289.095  Investigation of motor vehicle accidents involving peace officers.

      1.  In a county whose population is 100,000 or more, each law enforcement agency shall adopt policies and procedures to govern the investigation of motor vehicle accidents in which a peace officer employed by the law enforcement agency is involved. The policies and procedures must include, without limitation, a requirement that if such a motor vehicle accident results in a fatal injury to any person, the motor vehicle accident must be investigated by a law enforcement agency other than the law enforcement agency that employs the peace officer involved in the accident unless:

      (a) Another law enforcement agency does not have comparable equipment and personnel to investigate the accident at least as effectively as the law enforcement agency that employs the peace officer involved in the motor vehicle accident;

      (b) Another law enforcement agency is unavailable to investigate the motor vehicle accident; or

      (c) Investigation of the motor vehicle accident by another law enforcement agency would delay the initiation of the investigation such that the integrity of the accident scene and preservation and collection of evidence may be jeopardized by such a delay.

      2.  This section does not prohibit a law enforcement agency in a county whose population is 100,000 or more from entering into agreements for cooperation with agencies in other jurisdictions for the investigation of motor vehicle accidents in which a peace officer of the law enforcement agency is involved.

      (Added to NRS by 2013, 615)

      NRS 289.100  Limitations on application of chapter.

      1.  This chapter does not prohibit any agreements for cooperation between the law enforcement agency and agencies in other jurisdictions.

      2.  This chapter does not affect any procedures which have been adopted by the law enforcement agency if those procedures provide the same or greater rights than provided for in this chapter.

      (Added to NRS by 1983, 2098)

      NRS 289.110  Report concerning improper governmental action; investigation of report; reprisal by employer prohibited.

      1.  A peace officer may disclose information regarding improper governmental action by filing a report with:

      (a) The district attorney of the county in which the improper governmental action occurred; or

      (b) The Attorney General if the district attorney referred to in paragraph (a) is involved in the improper governmental action.

      2.  Upon the filing of a report pursuant to subsection 1, the district attorney or Attorney General may investigate the report and determine whether improper governmental action did occur. Upon the completion of the investigation the district attorney or Attorney General:

      (a) If the district attorney or Attorney General determines that improper governmental action did occur, may prosecute the violation. The Attorney General may prosecute such a violation if the district attorney fails or refuses so to act.

      (b) Shall notify the peace officer who filed the report of the results of the investigation.

      3.  The employer of a peace officer shall not take any reprisal or retaliatory action against a peace officer who in good faith files a report pursuant to subsection 1.

      4.  Nothing in this section authorizes a person to disclose information if disclosure is otherwise prohibited by law.

      5.  This section does not apply to a peace officer who is employed by the State.

      6.  As used in this section, “improper governmental action” means any action taken by an officer or employee of a law enforcement agency, while in the performance of the officer’s or employee’s official duties which is in violation of any state law or regulation.

      (Added to NRS by 1991, 2212)

      NRS 289.120  Judicial relief available for aggrieved peace officer.  Any peace officer aggrieved by an action of the employer of the peace officer in violation of this chapter may, after exhausting any applicable internal grievance procedures, grievance procedures negotiated pursuant to chapter 288 of NRS and other administrative remedies, apply to the district court for judicial relief. If the court determines that the employer has violated a provision of this chapter, the court shall order appropriate injunctive or other extraordinary relief to prevent the further occurrence of the violation and the taking of any reprisal or retaliatory action by the employer against the peace officer.

      (Added to NRS by 1991, 2213)

PERSONS POSSESSING POWERS OF PEACE OFFICERS

      NRS 289.150  Sheriffs, their deputies and correctional officers; city and town marshals, police officers and correctional officers; court bailiffs and deputy marshals of certain district courts; constables and their deputies.  The following persons have the powers of a peace officer:

      1.  Sheriffs of counties and of metropolitan police departments, their deputies and correctional officers.

      2.  Marshals, police officers and correctional officers of cities and towns.

      3.  The bailiff of the Supreme Court.

      4.  The bailiffs and deputy marshals of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests.

      5.  Constables and their deputies whose official duties require them to carry weapons and make arrests.

      (Added to NRS by 1993, 2520; A 2007, 2191)

      NRS 289.155  Persons appointed and employed by Supreme Court to provide for safety and security of justices and employees of Supreme Court and carry out duties prescribed by Chief Justice.  Any person appointed and employed by the Supreme Court pursuant to NRS 2.295 has the powers of a peace officer pursuant to NRS 289.460 when the person is carrying out duties prescribed by the Chief Justice.

      (Added to NRS by 2011, 79)

      NRS 289.160  Security officers and other persons employed or appointed by local governments under certain circumstances.

      1.  A security officer employed:

      (a) Pursuant to NRS 244.167 by a board of county commissioners; or

      (b) Pursuant to NRS 266.323 by the governing body of a city,

Ê has the powers of a peace officer when the security officer is carrying out duties prescribed by ordinance.

      2.  A person appointed pursuant to subsection 1 of NRS 269.235 by a town board or board of county commissioners has the powers of a peace officer.

      3.  Police officers and special police officers appointed pursuant to subsection 5 of NRS 269.240 have, within the limits of the unincorporated town, the powers of making arrests which are exercised by a peace officer according to the laws of this State.

      (Added to NRS by 1993, 2520)

      NRS 289.170  Special investigators employed by Attorney General; investigators employed by district attorney.  Special investigators employed by the Attorney General and investigators employed by a district attorney have the powers of a peace officer.

      (Added to NRS by 1993, 2520)

      NRS 289.175  Criminal investigators employed by Secretary of State.  Criminal investigators employed by the Secretary of State have the powers of a peace officer.

      (Added to NRS by 1999, 182)

      NRS 289.180  Parole and probation officers; juvenile probation officers; alternative sentencing officers of department of alternative sentencing; director of juvenile services; Chief and parole officers of Youth Parole Bureau; director of department of juvenile justice services.

      1.  The following persons have the powers of a peace officer:

      (a) The Chief Parole and Probation Officer appointed pursuant to NRS 213.1092;

      (b) Assistant parole and probation officers appointed pursuant to NRS 213.1095;

      (c) The chief of a department of alternative sentencing established pursuant to NRS 211A.080; and

      (d) Assistant alternative sentencing officers of a department of alternative sentencing.

      2.  A juvenile probation officer or assistant juvenile probation officer whose official duties require such officer to enforce court orders on juvenile offenders and make arrests has the same powers as a peace officer when performing duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      3.  A director of juvenile services has the powers of a peace officer in the director’s judicial district when performing duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while in the performance of those duties.

      4.  The Chief of the Youth Parole Bureau of the Division of Child and Family Services in the Department of Health and Human Services and the parole officers of the Bureau have the powers of a peace officer in carrying out the functions of the Bureau.

      5.  A director of a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 has the powers of a peace officer in the county when carrying out duties pursuant to title 5 of NRS or chapter 432B of NRS, including the power to arrest an adult criminal offender encountered while carrying out those duties.

      (Added to NRS by 1993, 2520; A 1995, 703, 873; 1997, 1480; 2003, 1133)

      NRS 289.190  School police officers; other officers and employees of school district.

      1.  A person employed or appointed to serve as a school police officer pursuant to subsection 8 of NRS 391.100 has the powers of a peace officer. A school police officer shall perform the officer’s duties in compliance with the provisions of NRS 171.1223.

      2.  A person appointed pursuant to NRS 393.0718 by the board of trustees of any school district has the powers of a peace officer to carry out the intents and purposes of NRS 393.071 to 393.0719, inclusive.

      3.  Members of every board of trustees of a school district, superintendents of schools, principals and teachers have concurrent power with peace officers for the protection of children in school and on the way to and from school, and for the enforcement of order and discipline among such children, including children who attend school within one school district but reside in an adjoining school district or adjoining state, pursuant to the provisions of chapter 392 of NRS. This subsection must not be construed so as to make it the duty of superintendents of schools, principals and teachers to supervise the conduct of children while not on the school property.

      (Added to NRS by 1993, 2521; A 2001, 1870, 2484; 2003, 102)

      NRS 289.200  Officers and employees of state facilities for detention of children.  Officers and employees of the Nevada Youth Training Center, the Caliente Youth Center and any other state facility for the detention of children that is operated pursuant to title 5 of NRS have the powers of a peace officer so far as necessary to arrest children who have escaped from that facility.

      (Added to NRS by 1993, 2521; A 2003, 1133)

      NRS 289.210  Legislative police.  A legislative police officer of the State of Nevada has the powers of a peace officer when carrying out duties prescribed by the Legislative Commission.

      (Added to NRS by 1993, 2521; A 1995, 703, 2306)

      NRS 289.220  Director, officers and designated employees of Department of Corrections; certain employees of detention facilities of metropolitan police department.

      1.  The Director of the Department of Corrections, the Inspector General of the Department, a person employed by the Department as a criminal investigator and any officer or employee of the Department so designated by the Director have the powers of a peace officer when performing duties prescribed by the Director. For the purposes of this subsection, the duties which may be prescribed by the Director include, but are not limited to, pursuit and return of escaped offenders, transportation and escort of offenders and the general exercise of control over offenders within or outside the confines of the institutions and facilities of the Department.

      2.  A person appointed pursuant to NRS 211.115 to administer detention facilities or a jail, and his or her subordinate jailers, corrections officers and other employees whose duties involve law enforcement have the powers of a peace officer.

      (Added to NRS by 1993, 2521; A 2001 Special Session, 235; 2009, 637)

      NRS 289.230  California correctional officer.  When, pursuant to California law, a California correctional officer has in the officer’s custody in Nevada a prisoner of the State of California, the correctional officer may maintain custody of the prisoner in Nevada and retake the prisoner if the prisoner should escape in Nevada, to the same extent as if the correctional officer were a peace officer appointed under Nevada law and the prisoner had been committed to the officer’s custody in proceedings under Nevada law.

      (Added to NRS by 1993, 2522)

      NRS 289.240  Certain employees of Division of Public and Behavioral Health of Department of Health and Human Services.  Forensic technicians and correctional officers employed by the Division of Public and Behavioral Health of the Department of Health and Human Services at facilities for offenders with mental disorders have the powers of peace officers when performing duties prescribed by the Administrator of the Division.

      (Added to NRS by 1993, 843; A 1999, 113)

      NRS 289.250  Foresters and firewardens; arson investigators.

      1.  The following persons have only those powers of a peace officer necessary to enforce the provisions of the laws of this State respecting forest and watershed management or the protection of forests and other lands from fire:

      (a) Paid foresters and firewardens appointed pursuant to paragraph (a) of subsection 2 of NRS 472.040.

      (b) Citizen-wardens appointed pursuant to paragraph (b) of subsection 2 of NRS 472.040.

      (c) Voluntary firewardens appointed pursuant to paragraph (c) of subsection 2 of NRS 472.040.

      2.  A paid forester or firewarden appointed as an arson investigator pursuant to paragraph (d) of subsection 2 of NRS 472.040 has the powers of a peace officer.

      3.  An arson investigator designated as a peace officer pursuant to:

      (a) Paragraph (c) of subsection 1 of NRS 244.2961; or

      (b) Subsection 3 of NRS 266.310,

Ê has the powers of a peace officer.

      (Added to NRS by 1993, 2522; A 2011, 723)

      NRS 289.260  Rangers and employees of Division of State Parks of State Department of Conservation and Natural Resources.

      1.  Rangers and employees of the Division of State Parks of the State Department of Conservation and Natural Resources have, at the discretion of the Administrator of the Division, the same power to make arrests as any other peace officer for violations of law committed inside the boundaries of state parks or real property controlled or administered by the Division.

      2.  An employee of the Division of State Parks of the State Department of Conservation and Natural Resources appointed or designated pursuant to paragraph (b) of subsection 1 of NRS 407.065 has the powers of a peace officer.

      (Added to NRS by 1993, 2522; A 1999, 979)

      NRS 289.270  Director and certain employees of Department of Public Safety; State Disaster Identification Team; certain officers and employees of Department of Motor Vehicles.

      1.  The following persons have the powers of a peace officer:

      (a) The Director of the Department of Public Safety.

      (b) The chiefs of the divisions of the Department of Public Safety.

      (c) The deputy directors of the Department of Public Safety employed pursuant to NRS 480.120.

      (d) The personnel of the Department of Public Safety assigned in a sworn position to any division of the Department whose principal duty is to enforce one or more laws of this State, and any person promoted from such a duty to a supervisory position related to such a duty.

      (e) Members of the State Disaster Identification Team of the Division of Emergency Management of the Department of Public Safety who are, pursuant to NRS 414.270, activated by the Chief of the Division to perform the duties of the State Disaster Identification Team have the powers of peace officers in carrying out those duties.

      2.  Administrators and investigators of the Division of Compliance Enforcement of the Department of Motor Vehicles have the powers of a peace officer to enforce any law of the State of Nevada in carrying out their duties pursuant to NRS 481.048.

      3.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles, appointed pursuant to NRS 481.0481, have the powers of peace officers in carrying out their duties under that section.

      (Added to NRS by 1993, 2522; A 1995, 2306; 1997, 3263; 1999, 1255, 3128, 3591, 3595; 2001, 2593; 2003, 2525; 2005, 673; 2011, 724)

      NRS 289.280  Game wardens.  A person designated as a game warden pursuant to NRS 501.349 is a peace officer for the purposes of:

      1.  The service of such legal process, including warrants and subpoenas, as may be required in the enforcement of title 45 of NRS and chapter 488 of NRS.

      2.  The enforcement of all laws of the State of Nevada while they are performing their duties pursuant to title 45 of NRS and chapter 488 of NRS.

      (Added to NRS by 1993, 2523)

      NRS 289.290  Field agents and inspectors for State Department of Agriculture; officer appointed by Nevada Junior Livestock Show Board.

      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 a vehicle in the enforcement of the provisions of titles 49 and 50 of NRS and chapters 581, 582, 583, 584, 586, 587, 588 and 590 of NRS.

      2.  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.

      3.  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.

      (Added to NRS by 1993, 2523; A 1995, 703; 1999, 3621; 2001, 1728; 2003, 2166; 2005, 1104; 2013, 1800)

      NRS 289.300  Investigator of Private Investigator’s Licensing Board; criminal investigator of State Contractors’ Board.

      1.  A person employed as an investigator by the Private Investigator’s Licensing Board pursuant to NRS 648.025 has the powers of a peace officer.

      2.  A person employed as a criminal investigator by the State Contractors’ Board pursuant to NRS 624.112 has the powers of a peace officer to carry out the person’s duties pursuant to subsection 2 of NRS 624.115.

      (Added to NRS by 1993, 2523; A 1995, 304; 1999, 2967; 2003, 1905)

      NRS 289.310  Commissioner of Insurance and chief deputy.  The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance are peace officers for the limited purposes of obtaining and exchanging information on applicants and licensees under title 57 of NRS.

      (Added to NRS by 1993, 2523)

      NRS 289.320  Certain designated employees of Nevada Transportation Authority.  An employee of the Nevada Transportation Authority whom it designates as an inspector is a peace officer and has police power for the enforcement of the provisions of:

      1.  Chapters 706 and 712 of NRS and all regulations of the Nevada Transportation Authority or the Department of Motor Vehicles pertaining thereto; and

      2.  Chapter 482 of NRS and NRS 483.230, 483.350 and 483.530 to 483.620, inclusive, for the purposes of carrying out the provisions of chapter 706 of NRS.

      (Added to NRS by 1993, 2523; A 1997, 1987; 2001, 2594; 2007, 2052)

      NRS 289.330  Railroad police officer.  A person commissioned and appointed to serve as a railroad police officer pursuant to subsection 1 of NRS 705.220 has the powers of a peace officer upon the premises or property owned or operated by the railroad company which employs the railroad police officer.

      (Added to NRS by 1993, 2523)

      NRS 289.340  Taxicab field investigator or airport control officer designated by Taxicab Administrator.  An employee designated by the Taxicab Administrator as:

      1.  A taxicab field investigator is a peace officer.

      2.  An airport control officer is a peace officer only when on duty at the airport.

      (Added to NRS by 1993, 2524)

      NRS 289.350  Members of police department of Nevada System of Higher Education.

      1.  A person employed and compensated as a member of the police department of the Nevada System of Higher Education, when appointed pursuant to subsection 1 of NRS 396.325 and duly sworn, is a peace officer, but may exercise the officer’s power or authority only:

      (a) Upon the campuses of the Nevada System of Higher Education, including that area to the center line of public streets adjacent to a campus;

      (b) When in hot pursuit of a violator leaving such a campus or area;

      (c) In or about other grounds or properties of the Nevada System of Higher Education; or

      (d) Except as limited by subsection 2, in accordance with interlocal agreements entered into with other law enforcement agencies.

      2.  An interlocal agreement between the police department for the Nevada System of Higher Education and other law enforcement agencies may allow a peace officer of the police department of the Nevada System of Higher Education to exercise the officer’s power or authority:

      (a) On any public street that is adjacent to property owned by the Nevada System of Higher Education.

      (b) On any property that is consistently used by an organization whose recognition by the Nevada System of Higher Education is a necessary condition for its continued operation.

      (c) On any property that is rented or leased by the Nevada System of Higher Education for an event that is approved by the Nevada System of Higher Education.

      (d) For mutual assistance specifically agreed upon with the other law enforcement agencies that are parties to the interlocal agreement.

      (Added to NRS by 1993, 2524)

      NRS 289.360  Members and agents of State Gaming Control Board; members of Nevada Gaming Commission.

      1.  For the purpose of the administration and enforcement of the provisions of chapter 205 of NRS involving a crime against the property of a gaming licensee, or chapter 462, 463, 463B, 464 or 465 of NRS, the members of the State Gaming Control Board and the Nevada Gaming Commission and those agents of the Board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, have the powers of a peace officer.

      2.  An agent of the State Gaming Control Board whose duties include the enforcement, or the investigation of suspected violations, of statutes or regulations, and who has been certified by the Peace Officers’ Standards and Training Commission, also has the powers of a peace officer when, during the performance of those duties:

      (a) A felony, gross misdemeanor or misdemeanor is committed or attempted in the agent’s presence; or

      (b) The agent is given reasonable cause to believe that a person has committed a felony or gross misdemeanor outside of the agent’s presence.

      3.  For the purpose of protecting members of the State Gaming Control Board and of the Nevada Gaming Commission and their families and property, and providing security at meetings of the Board and of the Commission, an agent of the Board whose duties include the enforcement of statutes or regulations has the powers of a peace officer.

      (Added to NRS by 1993, 2524; A 1999, 2425)

ADVISORY REVIEW BOARDS

      NRS 289.380  Creation by governing body of city or county; number, appointment and qualifications of members.

      1.  Except as otherwise provided in NRS 289.383, the governing body of a city or county may create a review board by ordinance to advise the governing body on issues concerning peace officers, school police officers, constables and deputies of constables within the city or county.

      2.  A review board created pursuant to subsection 1 must consist of:

      (a) In a city whose population is 220,000 or more or a county whose population is 100,000 or more, 25 members; and

      (b) In a city whose population is less than 220,000 or a county whose population is less than 100,000, 12 members.

      3.  Such a review board must be appointed by the governing body from a list of names submitted by interested persons. If an insufficient number of names of interested persons is submitted, the governing body shall appoint the remaining members in the manner it deems appropriate.

      4.  A person appointed to the review board must:

      (a) Be a resident of the city or county for which the review board was created, except no member of the review board may be currently employed as a peace officer, school police officer, constable or deputy of a constable.

      (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, police of school districts and offices of constables, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers, school police officers, constables or deputies of constables.

      (Added to NRS by 1997, 2515; A 2001, 1974; 2005, 624; 2011, 1207)

      NRS 289.383  Creation by political subdivisions upon request from metropolitan police department; number, appointment and qualifications of members.

      1.  If a metropolitan police department has been formed pursuant to NRS 280.110, the metropolitan police committee on fiscal affairs may request the participating political subdivisions to create a review board to advise the committee on issues concerning peace officers employed by the metropolitan police department. The participating subdivisions may jointly create such a review board by mutual ordinances.

      2.  A review board created pursuant to subsection 1 must consist of 25 members, appointed from a list of names submitted by interested persons. The members of the metropolitan police committee on fiscal affairs who are representatives of the county shall appoint 13 members of the review board, and the members of the metropolitan police committee on fiscal affairs who are representatives of each participating city within the county shall appoint an equal number of the remaining 12 members. If an insufficient number of names of interested persons are submitted, the members of the metropolitan police committee on fiscal affairs shall appoint the remaining members in the manner they deem appropriate.

      3.  A person appointed to the review board must:

      (a) Be a resident within the jurisdiction of the participating subdivisions for which the review board was created, except no member of the review board may be currently employed as a peace officer.

      (b) Complete training relating to law enforcement before serving as a member of the review board, including, without limitation, training in the policies and procedures of law enforcement agencies, the provisions of NRS 289.010 to 289.120, inclusive, and the employment contracts of the peace officers.

      (Added to NRS by 1997, 2516; A 2005, 624)

      NRS 289.385  Limitation on jurisdiction; abridgement of contractual or statutory rights of peace officer prohibited.  A review board created pursuant to NRS 289.380 or 289.383:

      1.  Does not have jurisdiction over any matter in which it is alleged that a crime has been committed.

      2.  Shall not abridge the rights of a peace officer, school police officer, constable or deputy of a constable that are granted pursuant to a collective bargaining agreement, a contract or any federal or state statute or regulation.

      (Added to NRS by 1997, 2516)

      NRS 289.387  Panel of board: Selection of members; powers and duties; proceedings; rights of officer investigated.

      1.  A review board that is created pursuant to paragraph (a) of subsection 2 of NRS 289.380 or pursuant to NRS 289.383 must meet in panels of five members to carry out its duties.

      2.  A review board that is created pursuant to paragraph (b) of subsection 2 of NRS 289.380 must meet in panels of three members to carry out its duties.

      3.  Members must be selected randomly to serve on a panel, and the panel shall select one of its members to serve as chair of the panel.

      4.  A panel of a review board created pursuant to NRS 289.380 or 289.383 may:

      (a) Refer a complaint against a peace officer, school police officer, constable or deputy of a constable to the employer of the peace officer, school police officer, constable or deputy of a constable.

      (b) Review an internal investigation of a peace officer, school police officer, constable or deputy of a constable within the jurisdiction of the governing body that created the review board and make recommendations regarding any disciplinary action against the peace officer, school police officer, constable or deputy of a constable that is recommended by his or her employer, including, without limitation:

             (1) Increasing or decreasing the recommended level of discipline; and

             (2) Exonerating the peace officer, school police officer, constable or deputy of a constable who has been the subject of the internal investigation.

      5.  The employer of a peace officer, school police officer, constable or deputy of a constable shall make available to a panel of the review board any personnel file or other material necessary for the panel to conduct a review.

      6.  When reviewing an internal investigation of a peace officer, school police officer, constable or deputy of a constable pursuant to subsection 4, the panel shall provide the peace officer, school police officer, constable or deputy of a constable with notice and an opportunity to be heard. The peace officer, school police officer, constable or deputy of a constable may represent himself or herself at the hearing before the panel or be represented by an attorney or other person of his or her own choosing. The review board, governing body and employer of the peace officer, school police officer, constable or deputy of a constable are not responsible for providing such representation.

      7.  The chair of a panel of a review board shall report the findings and recommendation of the panel regarding disciplinary action to the employer of the peace officer, school police officer, constable or deputy of a constable.

      8.  A police officer, school police officer, constable or deputy of a constable may appeal a recommendation made by a panel of the review board. The ordinance pursuant to which the review board is created must specify the manner for conducting appeals, and may provide for, if both parties agree, without limitation, mediation, conciliation or review by another panel of randomly selected members of the review board. If the appeal is heard by another panel of the review board, the determination made by the panel hearing the appeal is final and binding and is not subject to judicial review.

      9.  The findings and recommendation of a panel of the review board are public records unless otherwise declared confidential by state or federal law.

      10.  A proceeding of a panel of such a review board is closed to the public.

      (Added to NRS by 1997, 2516)

      NRS 289.390  Panel of board: Oaths; subpoenas.

      1.  A panel of a review board that is created pursuant to NRS 289.380 or 289.383 may:

      (a) Administer oaths;

      (b) Take testimony;

      (c) Within the scope of its jurisdiction, issue subpoenas to compel the attendance of witnesses to testify before the panel;

      (d) Require the production of books, papers and documents; and

      (e) Issue commissions to take testimony.

      2.  If a witness refuses to attend or testify or produce books, papers or documents as required by the subpoena, the panel may petition the district court to order the witness to appear or testify or produce the requested books, papers or documents.

      (Added to NRS by 1997, 2517)

CERTIFICATION

      NRS 289.450  Definitions.  As used in NRS 289.450 to 289.600, inclusive, unless the context otherwise requires, the words and terms defined in NRS 289.460 to 289.490, inclusive, have the meanings ascribed to them in those sections.

      (Added to NRS by 1999, 2419; A 2003, 2697)

      NRS 289.460  “Category I peace officer” defined.  “Category I peace officer” means a peace officer who has unrestricted duties and who is not otherwise listed as a category II or category III peace officer.

      (Added to NRS by 1999, 2419)

      NRS 289.470  “Category II peace officer” defined.  “Category II peace officer” means:

      1.  The bailiffs of the district courts, justice courts and municipal courts whose duties require them to carry weapons and make arrests;

      2.  Constables and their deputies whose official duties require them to carry weapons and make arrests;

      3.  Inspectors employed by the Nevada Transportation Authority who exercise those powers of enforcement conferred by chapters 706 and 712 of NRS;

      4.  Special investigators who are employed full-time by the office of any district attorney or the Attorney General;

      5.  Investigators of arson for fire departments who are specially designated by the appointing authority;

      6.  The brand inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by chapter 565 of NRS;

      7.  The field agents and inspectors of the State Department of Agriculture who exercise the powers of enforcement conferred by NRS 561.225;

      8.  Investigators for the State Forester Firewarden who are specially designated by the State Forester Firewarden and whose primary duties are related to the investigation of arson;

      9.  School police officers employed by the board of trustees of any county school district;

      10.  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;

      11.  Investigators and administrators of the Division of Compliance Enforcement of the Department of Motor Vehicles who perform the duties specified in subsection 2 of NRS 481.048;

      12.  Officers and investigators of the Section for the Control of Emissions From Vehicles and the Enforcement of Matters Related to the Use of Special Fuel of the Department of Motor Vehicles who perform the duties specified in subsection 3 of NRS 481.0481;

      13.  Legislative police officers of the State of Nevada;

      14.  Parole counselors of the Division of Child and Family Services of the Department of Health and Human Services;

      15.  Juvenile probation officers and deputy juvenile probation officers employed by the various judicial districts in the State of Nevada or by a department of juvenile justice services established by ordinance pursuant to NRS 62G.210 whose official duties require them to enforce court orders on juvenile offenders and make arrests;

      16.  Field investigators of the Taxicab Authority;

      17.  Security officers employed full-time by a city or county whose official duties require them to carry weapons and make arrests;

      18.  The chief of a department of alternative sentencing created pursuant to NRS 211A.080 and the assistant alternative sentencing officers employed by that department;

      19.  Criminal investigators who are employed by the Secretary of State; and

      20.  The Inspector General of the Department of Corrections and any person employed by the Department as a criminal investigator.

      (Added to NRS by 1999, 2419; A 2001, 1729, 2594; 2003, 180, 1133, 2526; 2009, 637; 2011, 79, 724)

      NRS 289.480  “Category III peace officer” defined.  “Category III peace officer” means a peace officer whose authority is limited to correctional services, including the superintendents and correctional officers of the Department of Corrections. The term does not include a person described in subsection 20 of NRS 289.470.

      (Added to NRS by 1999, 2421; A 2001 Special Session, 236; 2009, 639; 2011, 80, 725)

      NRS 289.490  “Commission” defined.  “Commission” means the Peace Officers’ Standards and Training Commission.

      (Added to NRS by 1999, 2421)

      NRS 289.500  Peace Officers’ Standards and Training Commission: Creation; membership; terms and compensation of members.

      1.  The Peace Officers’ Standards and Training Commission, consisting of nine members appointed by the Governor, is hereby created. The Governor shall appoint:

      (a) Two members from Clark County, one of whom must be from a metropolitan police department created pursuant to chapter 280 of NRS if one exists in Clark County;

      (b) One member from Washoe County;

      (c) Three members from counties other than Clark and Washoe Counties;

      (d) One member from a state law enforcement agency that primarily employs peace officers required to receive training as category I peace officers;

      (e) One member who is a category II peace officer; and

      (f) One member who is a category III peace officer.

      2.  Members of the Commission serve terms of 2 years. Members serve without compensation, but are entitled to the per diem allowance and travel expenses provided for state officers and employees generally.

      3.  The Governor shall make the appointments to the Commission from recommendations submitted by Clark County, Washoe County, professional organizations of sheriffs and police chiefs of this State and employee organizations that represent only peace officers of this State who are certified by the Commission.

      (Added to NRS by 1999, 2421; A 2005, 1105; 2007, 595)

      NRS 289.510  Peace Officers’ Standards and Training Commission: Powers and duties; regulations.

      1.  The Commission:

      (a) Shall meet at the call of the Chair, 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;

      (c) Must require that all peace officers receive training in the handling of cases involving abuse, neglect, exploitation and isolation of older persons; and

      (d) May require that training be carried on at institutions which it approves in those regulations.

      (Added to NRS by 1999, 2421; A 2001, 1730; 2009, 2449)

      NRS 289.520  Executive Director: Appointment; qualifications; classification; restrictions on other employment; removal.  The Commission, by majority vote of its members, shall appoint an Executive Director of the Commission. The Executive Director:

      1.  Must be selected with special reference to the person’s training, experience, capacity and interest in the field of administering laws and regulations relating to the training of peace officers.

      2.  Is in the unclassified service of the State.

      3.  Shall not pursue any other business or occupation, or perform any other duties of any other office of profit without the prior approval of the Commission.

      4.  May be removed by the Commission, by a majority vote of its members, at any time for cause.

      (Added to NRS by 1999, 2422)

      NRS 289.530  Powers of Executive Director.  With the advice of the Commission, the Executive Director of the Commission may:

      1.  Appoint employees, agents, consultants and other staff of the Commission and prescribe their duties;

      2.  Administer and direct the daily operation of the staff and resources of the Commission;

      3.  Inspect academies for training peace officers, and issue and revoke certificates of approval to such academies;

      4.  Certify qualified instructors for approved courses of training for peace officers and issue appropriate certificates to instructors;

      5.  Certify peace officers who have satisfactorily completed courses of training for peace officers and issue basic, intermediate, advanced and management professional certificates to peace officers;

      6.  Make recommendations to the Commission concerning the issuance of executive certificates;

      7.  Cause annual audits to be made relating to the operation of academies for training peace officers;

      8.  Consult and cooperate with academies for training peace officers concerning the development of the basic and advanced training programs for peace officers;

      9.  Consult and cooperate with academies for training peace officers concerning the development of specialized courses of study in this State for peace officers in the areas of police science, police administration, corrections, probation, the social sciences and other related areas;

      10.  Consult and cooperate with other departments and agencies of this State and of local governments concerning the training of peace officers;

      11.  Report to the Commission at the regular meetings of the Commission and at such other times as the Commission may require, and recommend the denial, suspension or revocation of certification of a peace officer to the Commission as deemed necessary;

      12.  Execute contracts on behalf of the Commission; and

      13.  Perform any other acts necessary and appropriate to the carrying out of the duties of the Executive Director of the Commission.

      (Added to NRS by 1999, 2422)

      NRS 289.540  Account for the Training of Peace Officers: Creation; administration; acceptance of gifts, donations, bequests, grants, money or other financial assistance; expenditures.

      1.  An Account for the Training of Peace Officers is hereby created in the State General Fund. The Account must be administered by the Executive Director of the Commission. The Executive Director may apply for, accept and expend any gift, donation, bequest, grant or other source of money or other financial assistance from any person, association, corporation or other organization having an interest in the training of peace officers, and from the United States and any of its agencies or instrumentalities, for deposit in the Account. The money in the Account must be expended in accordance with the terms and conditions of the gift, donation, bequest or grant, or in accordance with subsection 2.

      2.  Except as otherwise provided in subsection 1, the money in the Account may be used only for the training of persons whose primary duty is law enforcement or for other purposes approved by the Commission.

      (Added to NRS by 1999, 2423)

      NRS 289.550  Persons required to be certified by Peace Officers’ Standards and Training Commission; period by which certification is required.

      1.  Except as otherwise provided in subsection 2 and NRS 3.310, 4.353, 258.007 and 258.060, 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 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;

      (b) The Director of the Department of Corrections;

      (c) The Director of the Department of Public Safety, the deputy directors of the Department, the chiefs of the divisions of the Department other than the Investigation Division and the Nevada Highway Patrol, and the members of the State Disaster Identification Team of the Division of Emergency Management of the Department;

      (d) The Commissioner of Insurance and the chief deputy of the Commissioner of Insurance;

      (e) Railroad police officers; and

      (f) California correctional officers.

      (Added to NRS by 1999, 2423; A 2001, 1731, 2595; 2001 Special Session, 236; 2003, 289, 306; 2005, 674; 2007, 2192; 2011, 726; 2013, 2949)

      NRS 289.555  Person convicted of felony not qualified to serve as peace officer.  A person who has been convicted of a felony in this State or any other state is not qualified to serve as a category I peace officer, category II peace officer or category III peace officer regardless of whether the person has been restored to the person’s civil rights.

      (Added to NRS by 2003, 2697)

      NRS 289.560  Application for certification as peace officer to include social security number. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  An application for certification as a peace officer must include the social security number of the applicant.

      (Added to NRS by 1999, 2423)

      NRS 289.570  Submission of statement by applicant for certification as peace officer regarding payment of child support; grounds for denial of certification; duty of Commission. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  An applicant for certification as a peace officer shall submit to the Peace Officers’ Standards and Training Commission the statement prescribed by the Division of Welfare and Supportive Services of the Department of Health and Human Services pursuant to NRS 425.520. The statement must be completed and signed by the applicant.

      2.  The Commission shall include the statement required pursuant to subsection 1 in:

      (a) The application or any other forms that must be submitted for the issuance of the certification; or

      (b) A separate form prescribed by the Commission.

      3.  An applicant may not be certified by the Commission if the applicant for certification:

      (a) Fails to submit the statement required pursuant to subsection 1; or

      (b) Indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order.

      4.  If an applicant indicates on the statement submitted pursuant to subsection 1 that the applicant is subject to a court order for the support of a child and is not in compliance with the order or a plan approved by the district attorney or other public agency enforcing the order for the repayment of the amount owed pursuant to the order, the Commission shall advise the applicant to contact the district attorney or other public agency enforcing the order to determine the actions that the applicant may take to satisfy the arrearage.

      (Added to NRS by 1999, 2423)

      NRS 289.580  Suspension of certification as peace officer for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of certification. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Peace Officers’ Standards and Training Commission receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who has been certified as a peace officer, the Commission shall deem the person’s certification to be suspended at the end of the 30th day after the date on which the court order was issued unless the Commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person who has been certified stating that the person has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Peace Officers’ Standards and Training Commission shall reinstate a certification as a peace officer that has been suspended by a district court pursuant to NRS 425.540 if the Commission receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose certification was suspended stating that the person whose certification was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      (Added to NRS by 1999, 2424)

      NRS 289.590  Training in proper use of choke hold as condition of certification; annual training and recertification; regulations.

      1.  As a condition of the certification of a peace officer employed by an agency that authorizes the use of a choke hold in the course of the peace officer’s duties, the Peace Officers’ Standards and Training Commission shall require the peace officer to be trained in the proper use of the choke hold. In addition, the Commission shall require annual training and recertification in the proper use of the choke hold if the agency employing the peace officer continues to authorize the official use of the choke hold.

      2.  The Commission shall adopt regulations regarding the minimum training and testing required to comply with the requirements of subsection 1 and the manner in which each such agency shall demonstrate its continuing compliance with the requirements of subsection 1.

      (Added to NRS by 1999, 2424)

      NRS 289.600  Training in dealing with crimes of stalking and aggravated stalking as condition of certification.  As a condition of the certification of each peace officer, the Peace Officers’ Standards and Training Commission shall require each peace officer to be trained in dealing with the crimes of stalking and aggravated stalking, including, without limitation:

      1.  The manner in which a report from a person who claims to be a victim of stalking or aggravated stalking should be taken;

      2.  The proper method of carrying out an investigation of alleged stalking or aggravated stalking; and

      3.  The elements of the crimes of stalking and aggravated stalking.

      (Added to NRS by 1999, 1378; A 2001, 171)

MISCELLANEOUS PROVISIONS

      NRS 289.800  Reimbursement for cost to repair or replace uniform, accessories or safety equipment damaged or destroyed in performance of duties.  In addition to the compensation required by NRS 281.121, a state agency that employs a person:

      1.  Upon whom some or all of the powers of a peace officer are conferred pursuant to:

      (a) Subsection 1 of NRS 289.180, subsection 1 of NRS 289.220 or paragraph (e) of subsection 1 of NRS 289.270; or

      (b) Paragraph (d) of subsection 1 of NRS 289.270 and who is employed by the Nevada Highway Patrol; and

      2.  Who is required to purchase and wear a uniform or other clothing, accessories or safety equipment while performing the person’s duties for the State as a peace officer,

Ê may, after first obtaining the written approval of the Director of the Department of Administration, reimburse that person for the cost to repair or replace the person’s required uniform or other clothing, accessories or safety equipment if it is damaged or destroyed, by means other than ordinary wear and tear, while the person is performing the person’s duties for the State as a peace officer.

      (Added to NRS by 1995, 2744; A 1997, 3263; 2005, 674; 2011, 726)

      NRS 289.810  Peace officer prohibited from using choke hold; exceptions; agencies required to adopt regulations.

      1.  A peace officer shall not use a choke hold on any other person unless:

      (a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and

      (b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs the peace officer.

      2.  If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.

      3.  Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:

      (a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of the peace officer’s duties;

      (b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and

      (c) The consequences of unauthorized or uncertified use of a choke hold.

      (Added to NRS by 1991, 982; A 1993, 2525; 1997, 508; 1999, 2425)

      NRS 289.820  Peace officer prohibited from engaging in racial profiling; retaliatory or punitive action prohibited against peace officer for disclosure of information concerning racial profiling.

      1.  A peace officer shall not engage in racial profiling.

      2.  No retaliatory or punitive action may be taken against a peace officer who discloses information concerning racial profiling.

      3.  For purposes of this section, “racial profiling” means reliance by a peace officer upon the race, ethnicity or national origin of a person as a factor in initiating action when the race, ethnicity or national origin of the person is not part of an identifying description of a specific suspect for a specific crime.

      (Added to NRS by 2001, 2852)