Existing law grants certain persons the powers of a peace officer. (NRS 289.150-289.360) Existing law also requires certain persons who possess the powers of a peace officer to wear a portable event recording device under certain circumstances. Specifically, a law enforcement agency shall require uniformed peace officers that it employs and who routinely interact with the public to wear a portable event recording device while on duty. Any record made by a portable event recording device worn by such a uniformed peace officer employed by a law enforcement agency is a public record. Existing law defines a “law enforcement agency” for such purposes to mean: (1) the sheriff's office of a county; (2) a metropolitan police department; (3) a police department of an incorporated city; (4) a department, division or municipal court of a city or town that employs marshals; (5) the Nevada Highway Patrol; or (6) a board of trustees of any county school district that employs or appoints school police officers. (NRS 289.830) Section 1 of this bill clarifies that the provisions of law that require certain uniformed peace officers employed by such law enforcement agencies to wear a portable event recording device do not require other persons who possess the powers of a peace officer to wear a portable event recording device. Section 1 further clarifies that any record made by a portable event recording device which is not required to be worn is not a public record unless otherwise provided by specific statute. Finally, section 1 clarifies that the requirements relating to the use of a portable event recording device do not apply to a law enforcement agency which is not explicitly included in the existing definition of “law enforcement agency.”

Statutes affected:
As Introduced: 289.830
BDR: 289.830