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- 83rd Session (2025)
Senate Bill No. 279–Senators Pazina; Cannizzaro, Cruz-Crawford,
Doñate, Ohrenschall and Scheible
CHAPTER..........
AN ACT relating to law enforcement; requiring that a peace officer
compelled to appear as a witness in certain investigations
receive written notice within a certain time of the obligation
to appear for an interview; requiring that a peace officer
compelled to appear as the subject of an investigation receive
written notice that states certain matters with specificity; and
providing other matters properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a law enforcement agency to c onduct an investigation
of a peace officer in response to a complaint or allegation that the peace officer
engaged in activities which may result in punitive action. (NRS 289.057) If a law
enforcement agency initiates an investigation of a peace officer, e xisting law
requires that written notice be provided to the peace officer not later than 48 hours
before any interrogation or hearing and that the written notice include a summary of
the peace officer’s alleged misconduct. (NRS 289.060) Section 1 of this b ill
requires that the written notice include a summary that sets forth with specificity
the alleged acts or omissions constituting the misconduct and the date, time and
location of the alleged misconduct. If the date, time or location is unknown, the
summary must specify that the date, time or location is unknown. Existing law also
requires that an inves tigating agency provide written notice before compelling a
peace officer to appear and be interviewed as a witness in connection with an
investigation. (NRS 289.060) Section 1 prohibits a law enforcement agency from
interviewing a peace officer as a witnes s on less than 48 hours’ written notice.
Section 1 specifies that such notice must be provided not later than 48 hours before
the peace officer must appear and be interviewed.
EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.060 is hereby amended to read as follows:
289.060 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 pe ace officer who is the subject of the investigation, the law
enforcement agency shall , not later than 48 hours before the peace
officer must appear and be interviewed in connection with the
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investigation conducted pursuant to NRS 289.057, 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 subje ct
of the investigation must include:
(a) A description of the nature of the investigation . [;]
(b) A summary of alleged misconduct of the peace officer [;]
setting forth with specificity the alleged acts or omissions
constituting the misconduct and the date, time and location of the
alleged misconduct . If the date, time or location of the alleged
misconduct is unknown, the summary must specify that the date,
time or location is unknown. If there are multiple allegations of
misconduct, the summary must d escribe each allegation of
misconduct.
(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 work ing 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 intervie w 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.
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(b) Immediately before any interrogation or hearing begins,
inform the peace officer who is the subjec t 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 sub ject 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.
Sec. 2. (Deleted by amendment.)
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