SB 298 — Revises provisions relating to peace officers. (BDR 23-1031)

(ReprintedSenate withBill amendmentsNo. adopted on April 15, 2025) FIRST REPRINT S.B.

298298–Committee SENATEon BILLGovernment NOAffairs .CHAPTER..........

298–COMMITTEE ON GOVERNMENT AFFAIRS M ARCH 6, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to peace officers.

(BDR 23-1031) 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.

prohibiting a law enforcement agency from denying an increase in seniority or compensation to a peace officer under certain circumstances;

and (2) provides certain protections to 289.057,peace 289.060,officers 289.080,when 289.085,punitive 289.092, 289.820, 289.824) Existing law20, defines “punitive action” as any action which may leadbe toimposed dismissal,against demotion,them. suspension, reduction in salary, written reprimand or transfer of a peace officer for purposes of punishment.

(NRS 289.020, 289.057, 289.060, 289.080, 289.085, 289.092, 289.820, 289.824) Existing law suspension, reduction in salary, written reprimand or transfer of a peace officer 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 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 until 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.

- *SB298_R1* – 2 – 2.

- 83rd Session (2025) – 2 – 3.

“Law enforcement agency” means any agency, office, bureau, department, unit or division created by any statute, ord(a)ordinance Hasor arule dutywhich: to enforce the law;

and(a) (b)Has Employs any person upon whom some or all of the powers of a peaceduty officer are conferred pursuant to NRSenforce 289.150the tolaw; 289.360, inclusive.

and of a peace officer are conferred pursuant to NRS 289.150 tors 289.360, inclusive.

HSec. - *SB298_R1*

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 investigation pursuant 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 - 83rd Session (2025) – 3 – 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 rec(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 permanently 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.

~~~~~ 25 - 83rd Session (2025)