SB 182 — Revises provisions relating to peace officers. (BDR 23-561)

(ReprintedSenate withBill amendmentsNo. adopted on April 18, 2019) FIRST REPRINT S.B.

182182–Senator SENATEParks BCHAPTER.......... ILLN O.

182–SENATOR PARKS FEBRUARY 18, 2019 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to peace officers.

(BDR 23-561) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

Section 1 requires such an officer to receive certification as a category I peace officer by the Peace Officers’ Standards and Training peaceCommission. officer to within the boundaries of the Indian reservation or Indian colony,a unless the Indian tribe executes a written agreement with a county sheriff.

SectionAdditionally, section 1 provideslimits thatthe authority of the officer acting as a unless the Indian tribe executes a written agreement mustwith include:a county sheriff.

Section provides that the agreement must include:

Section 1 provides that a county sheriff shall have the jurisdiction and authority to enter into a written agreement with an Indian tribe on behalf of a metropolitan police department or the police department of an incorporated city located withinnwithin thedepartment geographicis boundariesdeemed ofto thehave county.consented to:

Section 1 also provides that such a police department is deemed to have consented to:

- *SB182_R1* – 2 – Section 1 also prohibits such law enforcement agencies from independently executing a written agreement with an Indian tribe for the purposes set forth in thesection sovereignty1. of the Indian tribe.

SectionFinally, 3section of1 thisprovides billthat makesnothing ain conformingthat section impairs or affects change.the sovereignty of the Indian tribe.

Section 3 of this bill makes a conforming change.

EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

- 80th Session (2019) – 2 – 2.

3.exercise the powers of a peace officer is limited to the boundaries of the Indian reservation or Indian colony, unless a county sheriff and the Indian tribe, in consultation, execute a written agreement.

The authority of an officer pursuant to subsection 1 to exercise the powers of a peace officer is limited to the boundaries of the Indian reservation or Indian colony, unless a county sheriff and the Indian tribe, in consultation, execute a written agreement.

and (2) All of the terms of the written agreement executed pursuantpur(b) toShall subsectionnot 3;independently execute a written agreement with an Indian tribe for any purpose set forth in this section.

and6. (b) Shall not independently execute a written agreement with an Indian tribe for any purpose set forth in this section.

- *SB182_R1* – 3 – 6.

- 80th Session (2019) – 3 – (c) “Law enforcement agency” means a metropolitan police department or the police department of an incorporated city.

(d) “Written agreement” includes, without limitation, an interlocal agreement or memorandum of understanding executed betweenbetSec. a county sheriff and an Indian tribe.

Sec.2.couNRS 289.010 is hereby amended to read as follows:

2.

NRS 289.010 is hereby amended to read as follows:

Except as otherwise provided in subsection 2, an officer or agent of the Bureau of Indian Affairs or a person employed as a police officer by an Indian tribe may make an arrest in obedience to a warrant delivered to him or her, or may, without a warrant, arrest a person:

delivered to him or her, or may, without a (a) For a public offense committed or attempted in the officer or agent’s presence.

- *SB182_R1* – 4 – (c) When a felony or gross misdemeanor has in fact been committed, and the officer or agent has reasonable cause for believing the person arrested to have committed it.

- 80th Session (2019) – 4 – (f) When the peace officer has probable cause to believe that the person to be arrested has committed a battery upon that person’s spouse and the peace officer finds evidence of bodily harm to the spouse.

2.subsection 1 only:ficer or agent may make an arrest pursuant to (a) Within the boundaries of an Indian reservation or Indian colony for an offense committed on that reservation or colony;

Such an officer or agent may make an arrest pursuant to subsection 1 only:

(a) Within the boundaries of an Indian reservation or Indian colony for an offense committed on that reservation or colony;

H~~~~~ 19 - *SB182_R1*80th Session (2019)