283.450 - Removal of civil officer for excessive use of intoxicants or controlled substances: Procedure; penalties.
283.450 Removal of civil officer for excessive use of intoxicants or controlled substances: Procedure; penalties.
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)