Under existing law, a sheriff is required to be elected in each county of this State, with certain exceptions, every 4 years. (NRS 248.010) Under existing law, the general duties of a sheriff include keeping and preserving the peace in his or her respective county, serving process in civil or criminal cases and apprehending or securing any person for felony or breach of the peace. (NRS 248.090) Section 1 of this bill authorizes a county sheriff to enter into a written agreement with specified federal agencies to authorize employees of the federal agency who hold designated positions to enforce state or local laws, or both, within the jurisdiction and authority of the sheriff. Section 1 requires that the written agreement: (1) be limited to a term of not more than 2 years; (2) designate the state or local laws, or both, to be enforced; (3) designate the positions to which the agreement applies; and (4) prescribe the grounds for revocation of the authority of an employee under the agreement. Section 1 prohibits the agreement from granting any authority to an employee of the federal agency that is outside of the jurisdiction and authority of the sheriff.
Existing law establishes the Peace Officers' Standards and Training Commission and requires the Commission to adopt regulations establishing minimum standards for the certification and decertification, recruitment, selection and training of peace officers. (NRS 289.500, 289.510) With certain exceptions, existing law requires a person upon whom some or all of the powers of a peace officer are conferred to be certified by the Commission within 1 year after beginning employment as a peace officer, unless the Commission grants an extension of not more than 6 months for good cause shown. A person who fails to obtain this certification within the prescribed period of time is prohibited from exercising the powers of a peace officer. (NRS 289.550) Section 1 mandates that an employee of a federal agency who holds a position designated in an agreement entered into pursuant to section 1 be certified by the Commission not later than 6 months after the date on which: (1) the written agreement became effective; or (2) the person commences employment with the federal agency, if the person commences employment after the date on which the written agreement became effective. Section 3 of this bill exempts such federal employees from the time frame in existing law for initial certification.
Existing law recognizes certain persons as peace officers. (NRS 289.150-289.360) Section 2 of this bill confers the same powers of a peace officer on the federal employees who hold positions designated in an agreement entered into pursuant to section 1 when performing duties for the purposes, and within the scope, of the written agreement.
Statutes affected: As Introduced: 289.550
BDR: 289.550