Assembly Bill No. 582-Committee on Government Affairs
June 10, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Revises provisions regarding polygraphic examination of peace officer. (BDR 23-1067)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to peace officers; revising provisions regarding the polygraphic examination of a peace officer; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Chapter 289 of NRS is hereby amended by adding thereto the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 "Law enforcement agency" means a branch, department or agency of this state or a political subdivision thereof that employs a person as a peace officer.
Sec. 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.
Sec. 4 "Punitive action" means any action that may lead to dismissal, demotion, suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.
Sec. 5 NRS 289.010 is hereby amended to read as follows:
289.010As used in this chapter, unless the context otherwise requires [:
1. "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.
2. "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.] , the words and terms defined in sections 2, 3 and 4 of this act have the meanings ascribed to them in those sections.
Sec. 6 NRS 289.070 is hereby amended to read as follows:
289.070 1. An investigation of a peace officer may be conducted in response to an allegation that an officer has engaged in activities which could result in punitive action.
2. If a person who makes such an allegation against an officer submits to and passes a polygraphic examination , [and] the results of [that examination indicate that the person examined is] which indicate that the person is telling the truth about the purported activities, the officer against whom the allegation is made must submit to a polygraphic examination concerning such activities. At least 5 days before the officer submits to a polygraphic examination pursuant to this section, the law enforcement agency shall provide to the officer or the representative of the officer all of the information that the agency possesses regarding the polygraphic testimony given by the person who made the allegation against the officer, including, without limitation, legible copies of any statements, documents, charts and other writings that pertain to the testimony. A polygraphic examination of an officer that is conducted pursuant to this subsection must not be conducted by the same person who conducted the polygraphic examination of the person who made the allegation against the officer.
3. If a polygraphic examination is given to an officer pursuant to this section, a sound recording or video recording with audio must be made by the law enforcement agency of all parts of the examination, including, without limitation, the preliminary interview and the post-examination interview. If the law enforcement agency does not record the polygraphic examination of the officer pursuant to this subsection, information, evidence or testimony regarding that examination may not be used in any subsequent investigation, hearing, proceeding or process. At the request of an officer who is required to take a polygraphic examination pursuant to this section, the law enforcement agency shall provide to the officer:
(a) Usable copies of any sound recordings or video recordings with audio made of his testimony; and
(b) Legible copies of any statements, documents, charts and other writings that pertain to his testimony.
Before the opinion of the examiner regarding the officer's veracity may be considered in [a disciplinary action, all records, documents] any investigation, hearing, proceeding or other process, all writings, charts and recordings [resulting from] that pertain to the examination , including, without limitation, the examiner's report of his impressions and opinions of the examination, must be made available for review by one or more examiners licensed or qualified to be licensed in this state who are acceptable to the law enforcement agency and the officer. If the opinion of the reviewing examiners does not agree with the initial examiner's opinion, the officer must be allowed to be reexamined by an examiner of his choice who is licensed or qualified to be licensed in this state.
4. The opinion of the examiner regarding the officer's veracity may not be considered in a disciplinary action unless the 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 the examiner's opinion regarding the veracity of the officer as the sole basis for disciplinary action against the officer.
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.
6. Evidence of any refusal by a peace officer to submit to a polygraphic examination required by this section is admissible if introduced by any governmental body or agency in this state at any subsequent hearing, trial or other judicial or administrative proceeding.