SB 2 — Revises provisions relating to peace officers. (BDR 23-11)

S.B.Senate Bill No.

22–Committee Sof ENATEthe BILLWhole NCHAPTER.......... O.

2–COMMITTEE OF THE W HOLE A UGUST 1, 2020 ____________ Referred to Committee of the Whole SUMMARY—Revises provisions relating to peace officers.

(BDR 23-11) 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.

Existing law provides certain rights to peace officers which are commonly knownmakes asvarious changes relating to those rights.RS 289.020-289.120) This bill Section 1 of this bill eliminates the “Peaceprohibition Officeron Billthe use of Rights.”a (NRSpeace 289.020-289.120)officer’s Thiscompelled billstatement makesin variousa changescivil relatingcase toagainst thosethe rights.peace officer without his or her consent.

Section 1 of this bill eliminates the prohibition on the use of a peace officer’s consent.d statement in a civil case against the peace officer without his or her 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.

Unless the alleged misconductenforcement wouldagency beis aprohibited crimefrom punishableconducting pursuantsuch toan stateinvestigation orif federalthew law, a law activities of the peace officer occurred more than 1 year before the date of the filing of the complaint or allegation.

(1) provides that an investigation must be commenced by the law enforcement within a - *SB2* – 2 – reasonable period of time after the date of the filing of the complaint or allegation with the law enforcement agency;

Section 2 also eliminates the prohibitionthe on a law enforcement agency reopeningdiscovers annew investigationmaterial unlessevidence. prohibition on reassigning a peace officer during an investigation without the peace officer’s consent.

Section 2 further eliminates the prohibition on reassigning a peace officer during an investigation without the peace officer’s consent.

If the law enforcement agency recommends punitive action be imposed and the peace officer appeals the - 32nd Special Session (2020) – 2 – recommendation, the peace officer or any representative may review and copy the entUnder existing law, if an arbitrator or court determines that evidence was obtained during an investigation of a peace officer which was in violation of the rights of peace officers, the arbitrator or court, as applicable, is required to dismiss with prejudice the administrative proceeding or civil action.

(NRS 289.085) Sectionevidence 4if ofthe thisevidence billmay requires,be instead,prejudicial to the arbitratorpeace orofficer; court to:

(1)and exclude(2) suchdismiss evidencetheh administrative proceeding or civil action, with prejudice, if thesuch evidence maywas beobtained prejudicialby toa thelaw peaceenforcement officer;agency in bad faith.

andEXPLANATION (2)– dismissMatter the obtained by a law enforcement agency in badbolded faith.ejudice,italics ifis suchnew; evidence was THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Sectionmatter 1.between brackets [omitted material] is material to be omitted.

THE SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:D IN Section 1.

- *SB2* – 3 – 4.

In a civil case, the court may review the statement in camera to determine whether the statement is inconsistent with the testimony of the peace officer and release any inconsistent statement to the opposing party for purposes of impeachment.] Sec.- 32nd Special Session (2020) – 3 – 289.057 1.S 289Except 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.

2.

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.

Except as otherwise provided in a collective bargaining agreement, a law enforcement agency shall not suspend a peace officer without pay during or pursuant to an investigation conducted pursuant to this section until all investigations relating to the matter have concluded.

- *SB2* – 4 – (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 otherwiseotherwiseent 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.

- 32nd Special Session (2020) – 4 – 4.

Except as otherwise provided in subsection 5, a law enforcement agency shall not reassign a peace officer temporarily or permanently without his or her consent during or pursuant to an investigation conducted pursuant to this section or when there is a hearinghea5.] relating4. to such an investigation that is pending.

5.] 4.

The presence of the second representative must not create an undue delay in either the scheduling or conducting of the interview.

- *SB2* – 5 – 4.

- 32nd Special Session (2020) – 5 – 5.

Any information that a representative obtains from the peace officer who is a witness concerning the investigation is confidential and7.ustAny information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed.disclosed except upon the:

7.

Any information that a representative obtains from the peace officer who is the subject of the investigation is confidential and must not be disclosed except upon the:

After the conclusion of the investigation, if a law enforcement agency intends to recommend that punitive action be imposed against the peace officer who was the subject of the investigation [or any representative of the peace officer may, if] , the law enforcement agency must notify the peace officer of such fact and give the peace officer or any representative of the peace officer a reasonable opportunity to inspect any evidence in the possessionThe of the law enforcement agency andmust submitconsider aany response.such responseonse.