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 engaged in activities which may result in punitive action. (NRS 289.057) If a law enforcement agency initiates an investigation of a peace officer, existing law requires that written notice be provided to the peace officer not later than 48 hours before any interrogation or hearing and that the written notice include a summary of the peace officer's alleged misconduct. (NRS 289.060) Section 1 of this bill requires that the written notice set forth with specificity all the alleged facts to be addressed during the interrogation or hearing and the rule, regulation, policy, procedure or other standard which the peace officer is alleged to have violated. Existing law also requires that an investigating agency provide written notice before compelling a peace officer to appear and be interviewed as a witness in connection with an investigation. (NRS 289.060) Section 1 prohibits a law enforcement agency from interviewing a peace officer as a witness on less than 48 hours' written notice. Section 1 specifies that such notice must be provided not later than 48 hours before the peace officer must appear and be interviewed. Finally, existing law authorizes a peace officer who is the subject of or a witness in an investigation conducted in response to a complaint or allegation of misconduct to have two representatives present during an interrogation, hearing or interview. (NRS 289.080) Section 2 of this bill provides that chosen representatives are not required to be in the same bargaining unit as the peace officer.

Statutes affected:
As Introduced: 289.060, 289.080
BDR: 289.060, 289.080