(Reprinted with amendments adopted on April 17, 2025)
FIRST REPRINT S.B. 279
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SENATE BILL NO. 279–SENATORS PAZINA; CANNIZZARO, CRUZ-
CRAWFORD, DOÑATE, OHRENSCHALL AND SCHEIBLE
MARCH 5, 2025
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Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to law enforcement.
(BDR 23-1023)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to law enforcement; requiring that a peace officer
compelled to appear as a witness in certain investigations
receive written notice within a certain time of the
obligation to appear for an interview; requiring that a
peace officer compelled to appear as the subject of an
investigation receive written notice that states certain
matters with specificity; and providing other matters
properly relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes a law enforcement agency to conduct an investigation 1
of a peace officer in response to a complaint or allegation that the peace officer 2
engaged in activities which may result in punitive action. (NRS 289.057) If a law 3
enforcement agency initiates an investigation of a peace officer, existing law 4
requires that written notice be provided to the peace officer not later than 48 hours 5
before any interrogation or hearing and that the written notice include a summary of 6
the peace officer’s alleged misconduct. (NRS 289.060) Section 1 of this bill 7
requires that the written notice include a summary that sets forth with specificity 8
the alleged acts or omissions constituting the misconduct and the date, time and 9
location of the alleged misconduct. If the date, time or location is unknown, the 10
summary must specify that the date, time or location is unknown. Existing law also 11
requires that an investigating agency provide written notice before compelling a 12
peace officer to appear and be interviewed as a witness in connection with an 13
investigation. (NRS 289.060) Section 1 prohibits a law enforcement agency from 14
interviewing a peace officer as a witness on less than 48 hours’ written notice. 15
Section 1 specifies that such notice must be provided not later than 48 hours before 16
the peace officer must appear and be interviewed. 17
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 289.060 is hereby amended to read as follows: 1
289.060 1. Except as otherwise provided in this subsection, a 2
law enforcement agency shall, not later than 48 hours before any 3
interrogation or hearing is held relating to an investigation 4
conducted pursuant to NRS 289.057, provide a written notice to the 5
peace officer who is the subject of the investigation. If the law 6
enforcement agency believes that any other peace officer has any 7
knowledge of any fact relating to the complaint or allegation against 8
the peace officer who is the subject of the investigation, the law 9
enforcement agency shall , not later than 48 hours before the peace 10
officer must appear and be interviewed in connection with the 11
investigation conducted pursuant to NRS 289.057, provide a 12
written notice to the peace officer advising the peace officer that he 13
or she must appear and be interviewed as a witness in connection 14
with the investigation. Any peace officer who serves as a witness 15
during an interview must be allowed a reasonable opportunity to 16
arrange for the presence and assistance of a representative 17
authorized by NRS 289.080. Any peace officer specified in this 18
subsection may waive the notice required pursuant to this section. 19
2. The notice provided to the peace officer who is the subject 20
of the investigation must include: 21
(a) A description of the nature of the investigation . [;] 22
(b) A summary of alleged misconduct of the peace officer [;] 23
setting forth with specificity the alleged acts or omissions 24
constituting the misconduct and the date, time and location of the 25
alleged misconduct. If the date, time or location of the alleged 26
misconduct is unknown, the summary must specify that the date, 27
time or location is unknown. If there are multiple allegations of 28
misconduct, the summary must describe each allegation of 29
misconduct. 30
(c) The date, time and place of the interrogation or hearing . [;] 31
(d) The name and rank of the officer in charge of the 32
investigation and the officers who will conduct any interrogation or 33
hearing . [;] 34
(e) The name of any other person who will be present at any 35
interrogation or hearing . [; and] 36
(f) A statement setting forth the provisions of subsection 1 of 37
NRS 289.080. 38
3. The law enforcement agency shall: 39
(a) Interview or interrogate the peace officer during the peace 40
officer’s regular working hours, if reasonably practicable, or revise 41
the peace officer’s work schedule to allow any time that is required 42
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for the interview or interrogation to be deemed a part of the peace 1
officer’s regular working hours. Any such time must be calculated 2
based on the peace officer’s regular wages for his or her regularly 3
scheduled working hours. If the peace officer is not interviewed or 4
interrogated during his or her regular working hours or if his or her 5
work schedule is not revised pursuant to this paragraph and the law 6
enforcement agency notifies the peace officer to appear at a time 7
when he or she is off duty, the peace officer must be compensated 8
for appearing at the interview or interrogation based on the wages 9
and any other benefits the peace officer is entitled to receive for 10
appearing at the time set forth in the notice. 11
(b) Immediately before any interrogation or hearing begins, 12
inform the peace officer who is the subject of the investigation 13
orally on the record that: 14
(1) The peace officer is required to provide a statement and 15
answer questions related to the peace officer’s alleged misconduct; 16
and 17
(2) If the peace officer fails to provide such a statement or to 18
answer any such questions, the agency may charge the peace officer 19
with insubordination. 20
(c) Limit the scope of the questions during the interrogation or 21
hearing to the alleged misconduct of the peace officer who is the 22
subject of the investigation. If any evidence is discovered during the 23
course of an investigation or hearing which establishes or may 24
establish any other possible misconduct engaged in by the peace 25
officer, the law enforcement agency shall notify the peace officer of 26
that fact and shall not conduct any further interrogation of the peace 27
officer concerning the possible misconduct until a subsequent notice 28
of that evidence and possible misconduct is provided to the peace 29
officer pursuant to this chapter. 30
(d) Allow the peace officer who is the subject of the 31
investigation or who is a witness in the investigation to explain an 32
answer or refute a negative implication which results from 33
questioning during an interview, interrogation or hearing. 34
4. If a peace officer provides a statement or answers a question 35
relating to the alleged misconduct of a peace officer who is the 36
subject of an investigation pursuant to NRS 289.057 after the peace 37
officer is informed that failing to provide the statement or answer 38
may result in punitive action against him or her, the statement or 39
answer must not be used against the peace officer who provided the 40
statement or answer in any subsequent criminal proceeding. 41
Sec. 2. (Deleted by amendment.) 42
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