Senate Bill No. 485

Senate Bill No. 485-Committee on Government Affairs

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668

AN ACT relating to law enforcement; creating an implied agreement between law enforcement agencies regarding certain issues of liability when one law enforcement agency assists another such agency in the absence of an interlocal or cooperative agreement; and providing other matters properly relating thereto.

[Approved July 17, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 277 of NRS is hereby amended by adding thereto a new section to read as follows:
1. In the absence of an interlocal or cooperative agreement entered into pursuant to this chapter, if a law enforcement agency requests the assistance of another law enforcement agency which responds to the request, the law enforcement agencies shall be deemed to have entered into an implied agreement whereby:
(a) Both law enforcement agencies shall be deemed, for the limited purpose of the exclusive remedy set forth in NRS 616A.020, to employ jointly a person who:
(1) Is an employee of either law enforcement agency; and
(2) Sustains an injury by accident while participating in the matter for which assistance was requested.
(b) Each law enforcement agency shall defend, hold harmless and indemnify the other law enforcement agency and its employees from any claim or liability arising from an act or omission performed by its own employee while participating in the matter for which assistance was requested, unless such act or omission is a negligent act or omission for which the law enforcement agency who employs that employee is not liable pursuant to NRS 41.0336.
2. As used in this section:
(a) "Employee" includes a person who:
(1) Is paid by a law enforcement agency to serve as a peace officer, as that term is defined in NRS 169.125; or
(2) Is recognized by and serves a law enforcement agency as a volunteer peace officer, as that term is described in NRS 616A.160.
(b) "Law enforcement agency" means an agency, office or bureau of this state or a political subdivision of this state, the primary duty of which is to enforce the law.
Sec. 2. This act becomes effective upon passage and approval.
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