1. Any civil officer in this state who, during the civil officer’s term of office, becomes intoxicated or is under the influence of alcoholic, malt or vinous liquors, or becomes or is addicted to the use of controlled substances, so that the civil officer is not at all times in proper condition for the discharge of the duties of the civil officer’s office, is guilty of a gross misdemeanor and if the civil officer is:
(a) A state officer, the state officer is subject to removal from office through impeachment pursuant to Article 7 of the Nevada Constitution;
(b) A State Legislator, the State Legislator is subject to removal from office through expulsion by the State Legislator’s own House pursuant to Section 6 of Article 4 of the Nevada Constitution; or
(c) A county, city or township officer, the county, city or township officer shall be removed from office by the judgment of the court in which the conviction is had, as a part of the penalty in such a conviction.
2. Upon receiving information from any person that the provisions of this section have been violated, sheriffs and their deputies, constables and their deputies, district attorneys, and all other peace officers in this state shall immediately institute proceedings in the proper court against the person complained of, and shall prosecute the same with reasonable diligence to final judgment.
3. If any person makes and files a complaint under oath charging the district attorney with a violation of this section, the Attorney General shall prosecute the district attorney pursuant to the terms of this section.
4. If any state officer is convicted pursuant to this section, the prosecuting officer obtaining the conviction shall file a certified copy of the judgment roll with the Secretary of State. The Secretary of State shall lay the certified copy of the judgment roll before the appropriate House of the Legislature at its next session.
5. The provisions of this section must be specially charged to the grand juries of the several counties by district judges.
[1:56:1887; A 1933, 11; 1935, 272; 1931 NCL § 4875] + [2:56:1887; A 1935, 272; 1931 NCL § 4876] + [3:56:1887; C § 2084; RL § 2863; NCL § 4877]—(NRS A 1967, 139, 551; 1971, 2027; 1987, 1549; 2009, 1073)
Structure Nevada Revised Statutes
Chapter 283 - Resignations, Vacancies and Removals
NRS 283.010 - Resignation may be made before oath taken.
NRS 283.020 - Resignation of state officers commissioned by the Governor.
NRS 283.030 - Resignation of appointive officers.
NRS 283.040 - Events causing vacancy in office; action by Attorney General or district attorney.
NRS 283.050 - Removal on impeachment and conviction: Duties of Secretary of State.
NRS 283.060 - Governor to declare state offices vacant.
NRS 283.090 - Qualifications and duties of person appointed pursuant to NRS 283.080.
NRS 283.100 - Vacancy filled by Governor during recess of Legislature.
NRS 283.110 - Vacancy in state office filled by Governor; term of appointee.
NRS 283.125 - Notice of appointment to fill vacancy; contents; applicability.
NRS 283.130 - Commission or certificate of election or appointment of officer filling vacancy.
NRS 283.140 - Officers liable to impeachment.
NRS 283.150 - All impeachments tried by Senate; Senate to be sworn.
NRS 283.160 - Articles of impeachment: Delivery to President of Senate.
NRS 283.190 - Assignment of other hearing day or proceeding in defendant’s absence.
NRS 283.220 - Senate to be sworn: Procedure.
NRS 283.230 - Concurrence of two-thirds of members elected required for conviction.
NRS 283.240 - Judgment: Form; resolution of majority as judgment.
NRS 283.250 - Judgment: Suspension or removal and disqualification.
NRS 283.260 - Effect of judgment of suspension on salary, fees or emoluments.
NRS 283.270 - Suspension of officer pending impeachment; filling office pending impeachment.
NRS 283.280 - Notice of impeachment of Lieutenant Governor.
NRS 283.290 - Indictment or information not barred by conviction on impeachment.
NRS 283.310 - Statement of offense.
NRS 283.330 - Appearance and answer; proceeding in defendant’s absence.
NRS 283.340 - Objection to sufficiency or denial of truth of accusation.
NRS 283.350 - Objection to legal sufficiency of accusation: Form and sufficiency.
NRS 283.360 - Denial of truth of accusation.
NRS 283.370 - Answer when objection to sufficiency not sustained.
NRS 283.380 - Conviction on plea of guilty or refusal to answer; trial on denial of matters charged.
NRS 283.390 - Trial by jury; conduct of trial.
NRS 283.400 - Right to process.
NRS 283.410 - Judgment: Pronouncement; entry and assignment of cause of removal.
NRS 283.420 - Appeal; defendant suspended; office may be filled.
NRS 283.430 - Proceedings for removal of district attorney.
NRS 283.440 - Removal of certain public officers for malfeasance or nonfeasance: Procedure; appeal.