1. During an investigation conducted pursuant to NRS 289.057, the peace officer against whom the allegation is made may, but is not required to, submit to a polygraphic examination concerning such activities.
2. A person who makes an allegation against a peace officer pursuant to NRS 289.057 may not be required to submit to a polygraphic examination as a condition to the investigation of the person’s allegation, but may request or agree to be given a polygraphic examination. If such a person requests or agrees to be given a polygraphic examination, such an examination must be given.
3. If a polygraphic examination is given to a peace officer pursuant to this section, a sound or video recording must be made of the polygraphic examination, the preliminary interview and the postexamination interview. Before the opinion of the polygraphic examiner regarding the peace officer’s veracity may be considered in a disciplinary action, all records, documents and recordings resulting from the polygraphic examination must be made available for review by one or more polygraphic examiners licensed or qualified to be licensed in this State who are acceptable to the law enforcement agency and to the officer. If the opinion of a reviewing polygraphic examiner does not agree with the initial polygraphic examiner’s opinion, the peace officer must be allowed to be reexamined by a polygraphic examiner of the peace officer’s choice who is licensed or qualified to be licensed in this State.
4. The opinion of a polygraphic examiner regarding the peace officer’s veracity may not be considered in a disciplinary action unless the polygraphic examination was conducted in a manner which complies with the provisions of chapter 648 of NRS. In any event, the law enforcement agency shall not use a polygraphic examiner’s opinion regarding the veracity of the peace officer as the sole basis for disciplinary action against the peace officer.
(Added to NRS by 1983, 2097; A 1989, 1582; 2001, 1663; 2005, 622)
Structure Nevada Revised Statutes
Chapter 289 - Peace Officers and Other Law Enforcement Personnel
NRS 289.050 - Consequences of refusal to submit to polygraphic examination.
NRS 289.070 - Use of polygraphic examination in investigation.
NRS 289.095 - Investigation of motor vehicle crashes involving peace officers.
NRS 289.100 - Limitations on application of chapter.
NRS 289.120 - Judicial relief available for aggrieved peace officer.
NRS 289.152 - Persons employed as police officers by Indian tribe.
NRS 289.175 - Criminal investigators employed by Secretary of State.
NRS 289.190 - School police officers; other officers and employees of school district.
NRS 289.200 - Officers and employees of state facilities for detention of children.
NRS 289.210 - Legislative police.
NRS 289.230 - California correctional officer.
NRS 289.250 - Foresters and firewardens; arson investigators.
NRS 289.290 - Agricultural police officers appointed by State Department of Agriculture.
NRS 289.310 - Commissioner of Insurance and chief deputy.
NRS 289.320 - Certain designated employees of Nevada Transportation Authority.
NRS 289.330 - Railroad police officer.
NRS 289.350 - Members of police department of Nevada System of Higher Education.
NRS 289.355 - Persons designated as enforcement agents by Cannabis Compliance Board.
NRS 289.390 - Panel of board: Oaths; subpoenas.
NRS 289.460 - "Category I peace officer" defined.
NRS 289.470 - "Category II peace officer" defined.
NRS 289.480 - "Category III peace officer" defined.
NRS 289.490 - "Commission" defined.
NRS 289.530 - Powers of Executive Director.
NRS 289.555 - Person convicted of felony not qualified to serve as peace officer.
NRS 289.675 - Behavioral health field response grant program.