SB302 - Revises provisions relating to law enforcement. (BDR 20-112)

S.B. 302 - *SB302* SENATE BILL NO. 302–SENATORS HANSEN, TITUS, STONE, BUCK AND ELLISON MARCH 10, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to law enforcement. (BDR 20-112) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to law enforcement; allowing a county sheriff to enter into an agreement with certain federal agencies to authorize their employees to enforce state or local laws, or both, in certain circumstances; conferring the powers of a peace officer on such employees in certain circumstances; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Under existing law, a sheriff is required to be elected in each county of this 1 State, with certain exceptions, every 4 years. (NRS 248.010) Under existing law, 2 the general duties of a sheriff include keeping and preserving the peace in his or her 3 respective county, serving process in civil or criminal cases and apprehending or 4 securing any person for felony or breach of the peace. (NRS 248.090) Section 1 of 5 this bill authorizes a county sheriff to enter into a written agreement with specified 6 federal agencies to authorize employees of the federal agency who hold designated 7 positions to enforce state or local laws, or both, within the jurisdiction and authority 8 of the sheriff. Section 1 requires that the written agreement: (1) be limited to a term 9 of not more than 2 years; (2) designate the state or local laws, or both, to be 10 enforced; (3) designate the positions to which the agreement applies; and (4) 11 prescribe the grounds for revocation of the authority of an employee under the 12 agreement. Section 1 prohibits the agreement from granting any authority to an 13 employee of the federal agency that is outside of the jurisdiction and authority of 14 the sheriff. 15 Existing law establishes the Peace Officers’ Standards and Training 16 Commission and requires the Commission to adopt regulations establishing 17 minimum standards for the certification and decertification, recruitment, selection 18 and training of peace officers. (NRS 289.500, 289.510) With certain exceptions, 19 existing law requires a person upon whom some or all of the powers of a peace 20 officer are conferred to be certified by the Commission within 1 year after 21 beginning employment as a peace officer, unless the Commission grants an 22 – 2 – - *SB302* extension of not more than 6 months for good cause shown. A person who fails to 23 obtain this certification within the prescribed period of time is prohibited from 24 exercising the powers of a peace officer. (NRS 289.550) Section 1 mandates that an 25 employee of a federal agency who holds a position designated in an agreement 26 entered into pursuant to section 1 be certified by the Commission not later than 6 27 months after the date on which: (1) the written agreement became effective; or (2) 28 the person commences employment with the federal agency, if the person 29 commences employment after the date on which the written agreement became 30 effective. Section 3 of this bill exempts such federal employees from the time 31 frame in existing law for initial certification. 32 Existing law recognizes certain persons as peace officers. (NRS 289.150- 33 289.360) Section 2 of this bill confers the same powers of a peace officer on the 34 federal employees who hold positions designated in an agreement entered into 35 pursuant to section 1 when performing duties for the purposes, and within the 36 scope, of the written agreement. 37 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 248 of NRS is hereby amended by adding 1 thereto a new section to read as follows: 2 1. Each sheriff may enter into a written agreement with a 3 federal agency to authorize employees of the federal agency who 4 hold positions for which the primary responsibility is the 5 investigation and enforcement of federal laws to enforce state or 6 local laws, or both, within the jurisdiction and authority of the 7 sheriff. 8 2. Any written agreement entered into pursuant to 9 subsection 1: 10 (a) Must, without limitation: 11 (1) Be limited to a term of not more than 2 years. 12 (2) Designate the state or local laws, or both, to be 13 enforced. 14 (3) Designate each position with the federal agency to 15 which the written agreement applies. 16 (4) Prescribe the grounds for revocation of the authority of 17 an employee of the federal agency under the agreement. 18 (b) Must not grant any authority to an employee of the federal 19 agency that is outside of the jurisdiction and authority of the 20 sheriff. 21 3. An employee of a federal agency who holds a position with 22 the federal agency that is designated pursuant to subparagraph (3) 23 of paragraph (a) of subsection 2 in a written agreement entered 24 into pursuant to subsection 1 must be certified by the Peace 25 Officers’ Standards and Training Commission not later than 6 26 months after the date on which: 27 (a) The written agreement became effective; or 28 – 3 – - *SB302* (b) The person commences employment with the federal 1 agency, if the person commences employment after the date on 2 which the written agreement became effective. 3 4. As used in this section: 4 (a) “Federal agency” means: 5 (1) The Bureau of Land Management; 6 (2) The United States Forest Service; 7 (3) The National Park Service; 8 (4) The United States Fish and Wildlife Service; 9 (5) The Bureau of Reclamation; 10 (6) The United States Environmental Protection Agency; 11 (7) The United States Army Corps of Engineers; and 12 (8) The Department of Veterans Affairs. 13 (b) “Peace officer” has the meaning ascribed to it in 14 NRS 289.010. 15 Sec. 2. Chapter 289 of NRS is hereby amended by adding 16 thereto a new section to read as follows: 17 1. An employee of a federal agency that has entered into an 18 agreement with a sheriff pursuant to section 1 of this act may 19 exercise the powers of a peace officer only when performing duties 20 for the purposes, and within the scope, of the written agreement. 21 2. As used in this section, “federal agency” has the meaning 22 ascribed to it in section 1 of this act. 23 Sec. 3. NRS 289.550 is hereby amended to read as follows: 24 289.550 1. Except as otherwise provided in subsection 2 and 25 NRS 3.310, 4.353, 258.007 and 258.060, and section 1 of this act, a 26 person upon whom some or all of the powers of a peace officer are 27 conferred pursuant to NRS 289.150 to 289.360, inclusive, and 28 section 2 of this act must be certified by the Commission within 1 29 year after the date on which the person commences employment as a 30 peace officer unless the Commission, for good cause shown, grants 31 in writing an extension of time, which must not exceed 6 months, by 32 which the person must become certified. A person who fails to 33 become certified within the required time shall not exercise any of 34 the powers of a peace officer after the time for becoming certified 35 has expired. 36 2. The following persons are not required to be certified by the 37 Commission: 38 (a) The Chief Parole and Probation Officer; 39 (b) The Director of the Department of Corrections; 40 (c) The Director of the Department of Public Safety, the deputy 41 directors of the Department and the chiefs of the divisions of the 42 Department other than the Investigation Division and the Nevada 43 Highway Patrol; 44 – 4 – - *SB302* (d) The Commissioner of Insurance and the chief deputy of the 1 Commissioner of Insurance; 2 (e) Railroad police officers; and 3 (f) California correctional officers. 4 H