Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill that repeals existing law protecting peace officers from investigations.

Highlights:

• Prohibits a law enforcement agency from using a punitive action against a peace officer if the officer chooses to exercise their rights under any internal administrative grievance procedure (Sec. 1-1).

• Specifies if a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination (Sec. 1-4).

• Requires an investigation of a peace officer to be commenced by the law enforcement agency within a period of at most 5 years after the date of the filing of a complaint or allegation with the law enforcement agency (Sec. 2).

• Authorizes a law enforcement agency to reassign a peace officer temporarily or permanently without his or her consent during an investigation or when there is a hearing related to an investigation (Sec. 2-4).

• Authorizes a peace officer to request two representatives to be present during an interrogation or hearing related to the investigation including a lawyer, a representative or a labor union, or another peace officer (Sec. 3-1).

• Authorizes a peace officer who is witness to an event under an investigation to have two representatives to accompany them to a hearing as well (Sec. 3-2).

• Prohibits disclosing any confidential information gained from a peace officer who is a witness to an event under investigation (Sec. 3-6).

• Specifies 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 in the following ways (Sec. 3-7):

• At the request of the peace officer; or

• From a lawful order of a court of competent jurisdiction 

• Authorizes a peace officer or any representative of a peace officer or law enforcement agency to make a stenographic, digital, or magnetic record of the interview, interrogation, or hearing. If the agency record the proceedings, the agency will, at the peace officers request, provide a copy of (Sec. 3-8):

• A stenographic transcript of the proceedings; or

• Recording on the digital or magnetic tape

• Requires if in cases when a law enforcement agency intends to recommend a punitive action against a peace officer, the agency must notify the officer and provide them with a representative, a reasonable opportunity to inspect any evidence, and a time to consider a response before the punitive action is imposed (Sec. 3-9).

• Prohibits admission of bad faith or prejudicial evidence against peace officers in a disciplinary hearing and specifies that if the court finds that the evidence is inadmissible for these reasons, the case must be dismissed with prejudice (Sec. 4).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that repeals existing law protecting peace officers from investigations.

Highlights:

• Prohibits a law enforcement agency from using a punitive action against a peace officer if the officer chooses to exercise their rights under any internal administrative grievance procedure (Sec. 1-1).

• Specifies if a peace officer refuses to comply with an order by a superior officer to cooperate with the peace officer’s own or any other law enforcement agency in a criminal investigation, the agency may charge the peace officer with insubordination (Sec. 1-4).

• Requires an investigation of a peace officer to be commenced by the law enforcement agency within a period of at most 5 years after the date of the filing of a complaint or allegation with the law enforcement agency (Sec. 2).

• Authorizes a law enforcement agency to reassign a peace officer temporarily or permanently without his or her consent during an investigation or when there is a hearing related to an investigation (Sec. 2-4).

• Authorizes a peace officer to request two representatives to be present during an interrogation or hearing related to the investigation including a lawyer, a representative or a labor union, or another peace officer (Sec. 3-1).

• Authorizes a peace officer who is witness to an event under an investigation to have two representatives to accompany them to a hearing as well (Sec. 3-2).

• Prohibits disclosing any confidential information gained from a peace officer who is a witness to an event under investigation (Sec. 3-6).

• Specifies 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 in the following ways (Sec. 3-7):

• At the request of the peace officer; or

• From a lawful order of a court of competent jurisdiction 

• Authorizes a peace officer or any representative of a peace officer or law enforcement agency to make a stenographic, digital, or magnetic record of the interview, interrogation, or hearing. If the agency record the proceedings, the agency will, at the peace officers request, provide a copy of (Sec. 3-8):

• A stenographic transcript of the proceedings; or

• Recording on the digital or magnetic tape

• Requires if in cases when a law enforcement agency intends to recommend a punitive action against a peace officer, the agency must notify the officer and provide them with a representative, a reasonable opportunity to inspect any evidence, and a time to consider a response before the punitive action is imposed (Sec. 3-9).

• Prohibits admission of bad faith or prejudicial evidence against peace officers in a disciplinary hearing and specifies that if the court finds that the evidence is inadmissible for these reasons, the case must be dismissed with prejudice (Sec. 4).

Full Bill Text