NRS 289.070
Use of polygraphic examination in investigation.


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.

Source: Section 289.070 — Use of polygraphic examination in investigation., https://www.­leg.­state.­nv.­us/NRS/NRS-289.­html#NRS289Sec070.

289.020
Punitive action prohibited for exercise of rights under internal procedure
289.025
Confidentiality of home address and photograph of peace officer in possession of law enforcement agency
289.027
Law enforcement agency required to adopt policies and procedures concerning service of certain subpoenas on peace officers.
289.030
Law enforcement agency prohibited from requiring peace officer to disclose financial information
289.040
Law enforcement agency prohibited from placing unfavorable comment or document in administrative file of peace officer
289.050
Consequences of refusal to submit to polygraphic examination.
289.055
Establishment and availability of written procedures for investigating complaints and allegations of misconduct.
289.057
Investigation of allegation of misconduct
289.060
Notification and requirements for interview, interrogation or hearing relating to investigation
289.070
Use of polygraphic examination in investigation.
289.080
Right to presence and assistance of representatives at interview, interrogation or hearing relating to investigation
289.085
Dismissal of administrative proceeding or civil action when evidence obtained unlawfully during investigation.
289.090
Inapplicability of certain provisions to investigation concerning alleged criminal activities.
289.092
Suspension without pay pending criminal prosecution
289.095
Investigation of motor vehicle crashes involving peace officers.
289.100
Limitations on application of chapter.
289.110
Report concerning improper governmental action
289.120
Judicial relief available for aggrieved peace officer.
Last Updated

Jun. 24, 2021

§ 289.070’s source at nv​.us