Nev. Rev. Stat. » NRS: CHAPTER 171 - PROCEEDINGS TO COMMITMENT

Nev. Rev. Stat. § 171.1538

Arrest of person with communications disability: Waiver of right to interpretation or communication

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NRS 171.1538  Arrest of person with communications disability: Waiver of right to interpretation or communication.

      1.  The rights to interpretation and communication provided in NRS 171.1536 and 171.1537 may not be waived except knowingly and voluntarily by the person with a communications disability by a written statement indicating a desire not to be so assisted. At any time after arrest but before the termination of any custody, the person may retract a waiver by indicating a desire to be so assisted.

      2.  Unless there is a waiver under this section, there must be no interrogation or taking of the statement of a person with a communications disability without the assistance of an interpreter in accordance with the provisions of NRS 50.050 to 50.053, inclusive.

      (Added to NRS by 1975, 309; A 2001, 1776; 2007, 170)

     

Notes of Decisions
Cited in 4 cases (3 in the last 5 years), 2006–2025 · leading case: Baltazar-Monterrosa v. State
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Baltazar-Monterrosa v. State (2006) nev “NRS 171.1538(2) specifically provides that "there must be no interrogation or taking of the statement of a person with a disability without the assistance of an interpreter who is qualified to engage in the practice of interpreting *1142 in this State pursuant to subsection 2 of…”
Sjoberg v. Henley (2025) nvd · cites it 3× “1526, and NRS 171.1538. 10 At the evidentiary hearing, Sjoberg’s counsel testified that she 11 was aware Sjoberg had cerebral palsy and hearing loss.”
Vasquez-Reyes (Armando) v. State (2022) nev “3d 1137, 1141-42 (2006) (noting that, unlike the statute affording persons with “a communications disability,” the right to an interpreter with certain qualification and certification requirements, NRS 171.1538(2); NRS 656A.100, there is no statute requiring certain…”
Vasquez-Reyes (Armando) v. State (2022) nev “3d 1137, 1141-42 (2006) (noting that, unlike the statute affording persons with "a communications disability," the right to an interpreter with certain qualification and certification requirements, NRS 171.1538(2); NRS 656A.100, there is no statute requiring certain…”
— Nev. Rev. Stat. § 171.1538(2) — 3 cases
Baltazar-Monterrosa v. State (2006) nev “NRS 171.1538(2) specifically provides that "there must be no interrogation or taking of the statement of a person with a disability without the assistance of an interpreter who is qualified to engage in the practice of interpreting *1142 in this State pursuant to subsection 2 of…”
Vasquez-Reyes (Armando) v. State (2022) nev “3d 1137, 1141-42 (2006) (noting that, unlike the statute affording persons with “a communications disability,” the right to an interpreter with certain qualification and certification requirements, NRS 171.1538(2); NRS 656A.100, there is no statute requiring certain…”
Vasquez-Reyes (Armando) v. State (2022) nev “3d 1137, 1141-42 (2006) (noting that, unlike the statute affording persons with "a communications disability," the right to an interpreter with certain qualification and certification requirements, NRS 171.1538(2); NRS 656A.100, there is no statute requiring certain…”
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