289.080 - Right to presence and assistance of representatives at interrogation or hearing relating to investigation; confidential information; disclosure; record of interrogation or hearing; right to
289.080 Right to presence and assistance of representatives at interrogation or hearing relating to investigation; confidential information; disclosure; record of interrogation or hearing; right to review and copy investigation file upon appeal.
1. Except as otherwise provided in subsection 3, a peace officer may upon request have two representatives of the peace officer’s choosing present with the peace officer during any phase of an interrogation or hearing relating to an investigation conducted pursuant to NRS 289.057, including, without limitation, a lawyer, a representative of a labor union or another peace officer.
2. A representative of a peace officer must assist the peace officer during the interrogation or hearing. The law enforcement agency conducting the interrogation or hearing shall allow a representative of the peace officer to explain an answer provided by the peace officer or refute a negative implication which results from questioning of the peace officer but may require such explanation to be provided after the agency has concluded its initial questioning of the peace officer.
3. A representative must not otherwise be connected to, or the subject of, the same investigation.
4. Any information that a representative obtains from the peace officer concerning the investigation is confidential and must not be disclosed except upon the:
(a) Request of the peace officer; or
(b) Lawful order of a court of competent jurisdiction.
Ê A law enforcement agency shall not take punitive action against a representative for the representative’s failure or refusal to disclose such information.
5. The peace officer, any representative of the peace officer or the law enforcement agency may make a stenographic, digital or magnetic record of the interrogation or hearing. If the agency records the proceedings, the agency shall at the peace officer’s request and expense provide a copy of the:
(a) Stenographic transcript of the proceedings; or
(b) Recording on the digital or magnetic tape.
6. After the conclusion of the investigation, the peace officer who was the subject of the investigation or any representative of the peace officer may, if the peace officer appeals a recommendation to impose punitive action, review and copy the entire file concerning the internal investigation, including, without limitation, any recordings, notes, transcripts of interviews and documents contained in the file.
(Added to NRS by 1983, 2098; A 1991, 647; 1993, 2380; 2005, 623)