SB449 - Revises provisions relating to public safety. (BDR 22-1030)

(Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT S.B. 449 - *SB449_R1* SENATE BILL NO. 449–COMMITTEE ON GOVERNMENT AFFAIRS MARCH 24, 2025 ____________ Referred to Committee on Government Affairs SUMMARY—Revises provisions relating to public safety. (BDR 22-1030) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: No. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public safety; providing that certain provisions governing the organization of a metropolitan police department do not prohibit a participating political subdivision from establishing and administering a unit of specialized law enforcement consisting of officers that provide public safety services; setting forth the jurisdiction and authority of officers of such a unit; revising provisions governing the jurisdiction and authority of certain units of specialized law enforcement established in a county in which a metropolitan police department has been organized; requiring certain officers of such a unit to wear portable event recording devices; providing that certain officers of such units have the powers of a peace officer; providing that such officers are police officers for purposes of certain provisions governing occupational diseases; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law authorizes the board of county commissioners of any county and 1 the governing body of any city or cities located in the county to merge their 2 respective law enforcement agencies into one metropolitan police department and 3 provides that upon merger, the law enforcement agencies of each participating 4 political subdivision, which are designated in the merger, are deemed superseded as 5 long as the ordinance providing for the merger remains in effect. (NRS 280.110, 6 280.120) Existing law provides that such a merger does not prohibit a participating 7 political subdivision from establishing and administering certain units of 8 specialized law enforcement, including a unit consisting of park rangers and a unit 9 consisting of marshals. Existing law further provides that the jurisdiction and 10 – 2 – - *SB449_R1* authority of any such unit is concurrent with the authority and jurisdiction of the 11 metropolitan police department but that the authority and jurisdiction of a unit 12 consisting of marshals or park rangers is limited to certain circumstances. (NRS 13 280.125) Section 2 of this bill includes in the list of such circumstances any 14 purpose authorized in an interlocal or cooperative agreement entered into by the 15 sheriff of the county in which the metropolitan police department is located and the 16 participating political subdivision. 17 Section 2 additionally provides that such a merger does not prohibit a 18 participating political subdivision from establishing and administering a unit 19 consisting of officers that provide public safety services and similarly limits, with 20 certain exceptions, the authority and jurisdiction of such a unit to that of a unit of 21 park rangers or marshals. Sections 3-7 and 10 of this bill make conforming 22 changes to: (1) reflect that the duties of such an officer under such circumstances 23 are coextensive with the duties of such a park ranger or marshal; and (2) make such 24 an officer subject to certain similar requirements as such a park ranger or marshal. 25 Section 11 of this bill provides that such an officer is a “police officer” for 26 purposes of certain provisions relating to occupational diseases. 27 Existing law sets forth provisions governing peace officers and provides that 28 certain persons have the powers of or may exercise the powers of a peace officer. 29 (Chapter 289 of NRS) Section 8 of this bill provides that officers that provide 30 public safety services in accordance with the provisions of section 2 have the 31 powers of a peace officer subject to the provisions of section 2. 32 Existing law requires a law enforcement agency to require uniformed peace 33 officers that it employs who routinely interact with the public to wear a portable 34 event recording device while on duty and requires each law enforcement agency to 35 adopt policies and procedures governing the use of portable event recording 36 devices. (NRS 289.830) Section 9 of this bill provides that the term “law 37 enforcement agency” includes for such purposes, in a county whose population is 38 700,000 or more and in which a metropolitan police department has been 39 organized, the department or division established by the participating political 40 subdivision to provide public safety services. 41 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) 1 Sec. 2. NRS 280.125 is hereby amended to read as follows: 2 280.125 1. The provisions of this chapter do not prohibit a 3 participating political subdivision from establishing and 4 administering the following units of specialized law enforcement: 5 (a) A unit consisting of animal control officers. 6 (b) A unit consisting of marshals. 7 (c) A unit consisting of park rangers. 8 (d) A unit for the investigation of arson. 9 (e) A unit for the enforcement of laws relating to the licensure of 10 businesses. 11 (f) A unit for the enforcement of nonmoving traffic laws. 12 (g) A unit consisting of officers that provide public safety 13 services. 14 – 3 – - *SB449_R1* 2. Except as otherwise limited in subsection 3, the jurisdiction 1 and authority of any units of specialized law enforcement 2 established pursuant to subsection 1 is concurrent with the authority 3 and jurisdiction of the metropolitan police department. 4 3. The authority and jurisdiction of a unit consisting of 5 marshals , [or] park rangers or officers that provide public safety 6 services is limited to: 7 (a) The issuance of citations in accordance with the provisions 8 of NRS 171.17751; 9 (b) The enforcement of state laws and city and county 10 ordinances on real property owned, leased or otherwise under the 11 control of the participating political subdivision; 12 (c) The service of warrants of arrest issued pursuant to 13 NRS 5.060; 14 (d) The removal of abandoned vehicles as authorized by NRS 15 487.230; [and] 16 (e) The duties set forth in NRS 171.1223 [.] ; and 17 (f) Any purpose authorized in an interlocal or cooperative 18 agreement entered into by the sheriff of the county in which the 19 metropolitan police department is located and a participating 20 political subdivision. 21 Sec. 3. NRS 5.060 is hereby amended to read as follows: 22 5.060 1. Municipal judges and municipal courts may issue all 23 legal process, writs and warrants necessary and proper to the 24 complete exercise of their powers. 25 2. All warrants issued by the municipal court must run to any 26 sheriff or constable of the county, the marshal or any police officer 27 of the city, or a marshal , [or] park ranger or officer who is part of a 28 unit of specialized law enforcement established pursuant to 29 NRS 280.125. 30 3. Any constable or sheriff may serve any process or make any 31 arrest authorized to be made by any officer of a city. 32 Sec. 4. NRS 171.1223 is hereby amended to read as follows: 33 171.1223 1. Except as otherwise provided in subsection 3, in 34 a county whose population is 100,000 or more, a peace officer with 35 limited jurisdiction who witnesses a category A felony being 36 committed or attempted in the officer’s presence, or has reasonable 37 cause for believing a person has committed or attempted to commit 38 a category A felony in an area that is within the officer’s 39 jurisdiction, shall immediately notify the primary law enforcement 40 agency in the city or county, as appropriate, where the offense or 41 attempted offense was committed. 42 2. Upon arrival of an officer from the primary law enforcement 43 agency notified pursuant to subsection 1, a peace officer with 44 limited jurisdiction shall immediately transfer the investigation of 45 – 4 – - *SB449_R1* the offense or attempted offense to the primary law enforcement 1 agency. 2 3. The provisions of subsection 1 do not: 3 (a) Apply to an offense or attempted offense that is a 4 misdemeanor, gross misdemeanor or felony other than a category A 5 felony; 6 (b) Apply to an officer of the Nevada Highway Patrol, a member 7 of the police department of the Nevada System of Higher Education, 8 an agent of the Investigation Division of the Department of Public 9 Safety or a ranger of the Division of State Parks of the State 10 Department of Conservation and Natural Resources; 11 (c) Apply to a peace officer with limited jurisdiction if an 12 interlocal agreement between the officer’s employer and the primary 13 law enforcement agency in the city or county in which a category A 14 felony was committed or attempted authorizes the peace officer with 15 limited jurisdiction to respond to and investigate the felony without 16 immediately notifying the primary law enforcement agency; or 17 (d) Prohibit a peace officer with limited jurisdiction from: 18 (1) Contacting a primary law enforcement agency for 19 assistance with an offense that is a misdemeanor, gross 20 misdemeanor or felony that is not a category A felony; or 21 (2) Responding to a category A felony until the appropriate 22 primary law enforcement agency arrives at the location where the 23 felony was allegedly committed or attempted, including, without 24 limitation, taking any appropriate action to provide assistance to a 25 victim of the felony, to apprehend the person suspected of 26 committing or attempting to commit the felony, to secure the 27 location where the felony was allegedly committed or attempted and 28 to protect the life and safety of the peace officer and any other 29 person present at that location. 30 4. As used in this section: 31 (a) “Peace officer with limited jurisdiction” means: 32 (1) A school police officer who is appointed or employed 33 pursuant to subsection 5 of NRS 391.281; 34 (2) An airport guard or police officer who is appointed 35 pursuant to NRS 496.130; 36 (3) A person employed to provide police services for an 37 airport authority created by a special act of the Legislature; and 38 (4) A marshal , [or] park ranger or officer who is part of a 39 unit of specialized law enforcement established pursuant to 40 NRS 280.125. 41 (b) “Primary law enforcement agency” means: 42 (1) A police department of an incorporated city; 43 (2) The sheriff’s office of a county; or 44 – 5 – - *SB449_R1* (3) If the county is within the jurisdiction of a metropolitan 1 police department, the metropolitan police department. 2 Sec. 5. NRS 171.1455 is hereby amended to read as follows: 3 171.1455 1. A peace officer shall use de-escalation 4 techniques and alternatives to the use of force whenever possible or 5 appropriate and consistent with his or her training, including, 6 without limitation, advisements, warnings, verbal persuasion and 7 other tactics. If it is necessary for the peace officer to use force, the 8 peace officer must: 9 (a) If it is possible to do so safely, identify himself or herself as 10 a peace officer through verbal commands, visual identification, 11 including, without limitation, a clearly marked uniform or vehicle, 12 or other reasonable means; and 13 (b) Use only the level of force that is objectively reasonable 14 under the circumstances to bring an incident or person under control 15 and safely accomplish a lawful purpose. The level of force used by 16 the officer must, to the extent feasible: 17 (1) Be balanced against the level of force or resistance 18 exhibited by the person; and 19 (2) Be carefully controlled. 20 2. A peace officer may, after giving a warning, if feasible, use 21 deadly force to effect the arrest of a person only if there is probable 22 cause to believe that the person: 23 (a) Has committed a felony which involves the infliction or 24 threat of serious bodily harm or the use of deadly force; or 25 (b) Poses an imminent threat of serious bodily harm or death to 26 the peace officer or to others. 27 3. Each law enforcement agency shall adopt a written policy 28 and provide training to a peace officer regarding the potential threat 29 of serious bodily harm or death to the peace officer or others from a 30 person who: 31 (a) Is known or reasonably believed not to be armed with a 32 deadly weapon; and 33 (b) Is known or reasonably believed by the peace officer to be: 34 (1) Under 13 years of age; 35 (2) Over 70 years of age; 36 (3) Physically frail; 37 (4) Mentally or physically disabled; 38 (5) Pregnant; 39 (6) Suffering from a mental or behavioral health issue; or 40 (7) Experiencing a medical emergency. 41 4. The written policy adopted and training provided pursuant to 42 subsection 3 must reflect the best practices with respect to the use of 43 force on the persons described in that subsection. 44 – 6 – - *SB449_R1* 5. In addition to any other information required pursuant to 1 subsection 3, the written policy must include, without limitation: 2 (a) Guidelines for the use of force; 3 (b) Guidelines for the use of deadly force; 4 (c) A requirement that peace officers utilize de-escalation 5 techniques, crisis intervention and other alternatives to force when 6 feasible; 7 (d) A requirement that peace officers utilize de-escalation 8 techniques for responding to persons with mental illness or 9 experiencing a behavioral health crisis; 10 (e) A requirement that the law enforcement agency, when 11 feasible, send a peace officer who has been trained in crisis 12 intervention to respond to an incident involving a person who has 13 made suicidal statements; 14 (f) Factors for evaluating and reviewing all incidents which 15 require the use of force; and 16 (g) The date on which the written policy was adopted by the law 17 enforcement agency. 18 6. As used in this section, unless the context otherwise 19 requires: 20 (a) “Law enforcement agency” means: 21 (1) A police department of an incorporated city; 22 (2) The sheriff’s office of a county; 23 [Text truncated for display. Full text available on LegiScan.]