Read the full stored bill text
- 83rd Session (2025)
Senate Bill No. 298–Committee on Government Affairs
CHAPTER..........
AN ACT relating to peace officers; revising the definition of
“punitive action” as the term relates to certain peace officers;
prohibiting a law enforcement agency from denying an
increase in seniority or compensation to a peace officer under
certain circumstances; and providing other matte rs properly
relating thereto.
Legislative Counsel’s Digest:
Existing law: (1) prohibits a law enforcement agency from taking certain types
of punitive action against a peace officer; and (2) provides certain protections to
peace officers when punitive act ion may be imposed against them. (NRS 289.020,
289.057, 289.060, 289.080, 289.085, 289.092, 289.820, 289.824) Existing law
defines “punitive action” as any action which may lead to dismissal, demotion,
suspension, reduction in salary, written reprimand or transfer of a peace officer for
purposes of punishment. (NRS 289.010) Section 2 of this bill revises the definition
to include any action which may lead to denial of an increase, either in seniority or
compensation, for purposes of punishment.
Existing law authorizes a law enforcement agency to conduct an investigation
of a peace officer in response to a complaint or allegation that the peace officer has
engaged in activities which could result in punitive action and, subject to certain
exceptions, including any investigation which concerns alleged criminal activities,
prohibits a law enforcement agency from suspending a peace officer without pay
during or pursuant to an investigation unti l all investigations relating to the matter
have concluded. (NRS 289.057, 289.090) Section 3 of this bill adds to this
prohibition the denial of an increase in seniority or compensation, subject to certain
exceptions.
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. (Deleted by amendment.)
Sec. 2. NRS 289.010 is hereby amended to read as follows:
289.010 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. “Adult use of cannabis” has the meaning ascribed to it in
NRS 678A.075.
– 2 –
- 83rd Session (2025)
3. “Law enforcement agency” means any agency, office,
bureau, department, unit or division created by any statute,
ordinance or rule which:
(a) Has a duty to enforce the law; and
(b) Employs 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. “Medical use of cannabis” has the meaning ascribed to it in
NRS 678A.215.
5. “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.
6. “Punitive action” means any action which may lead to
dismissal, demotion, suspension, reduction i n salary, written
reprimand , [or] transfer or denial of an increase, either in seniority
or compensation, of a peace officer for purposes of punishment.
7. “Screening test” means a test of a person’s blood, urine, hair
or saliva to detect the general pr esence of a controlled substance or
other drug.
Sec. 3. NRS 289.057 is hereby amended to read as follows:
289.057 1. Except as otherwise provided in this subsection,
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. Any such
investigation of a peace officer must be commenced by the law
enforcement agency within a reasonable period of time after the date
of the filing of the complaint or allegation with the law enforcement
agency. A law enforcement agency shall not conduct an
investigation pur suant to this subsection if the complaint or
allegation is filed with the law enforcement agency more than 5
years after the activities of the peace officer occurred.
2. Except as otherwise provided in a collective bargaining
agreement, a law enforcement agency shall not [suspend] :
(a) Suspend a peace officer without pay ; or
(b) Deny an increase in seniority or compensation , unless an
investigation may lead to dismissal or demotion,
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
– 3 –
- 83rd Session (2025)
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.
4. A law enforcement agency may reassign a peace officer
temporarily or per manently without his or her consent during or
pursuant to an investigation conducted pursuant to this section or
when there is a hearing relating to such an investigation that is
pending.
20 ~~~~~ 25