289.070 - Use of polygraphic examination in investigation.
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.
(Added to NRS by 1983, 2097; A 1989, 1582; 2001, 1663; 2005, 622)