NRS
289.080 Right to presence and assistance of representatives at
interview, interrogation or hearing relating to investigation; confidential
information; disclosure; record of interview, interrogation or hearing; right
of subject of investigation to notice of intent to recommend punitive action,
to submit response to such recommendation and to review and copy investigation
file upon appeal.
1. Except as otherwise provided in
subsection 5, a peace officer who is the subject of an investigation conducted
pursuant to NRS 289.057 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 the
investigation, including, without limitation, a lawyer, a representative of a
labor union or another peace officer.
2. Except as otherwise provided in
subsection 5, a peace officer who is a witness in an investigation conducted
pursuant to NRS 289.057 may upon request
have two representatives of the peace officer’s choosing present with the peace
officer during an interview relating to the investigation, including, without
limitation, a lawyer, a representative of a labor union or another peace
officer. The presence of the second representative must not create an undue
delay in either the scheduling or conducting of the interview.
3. A representative of a peace officer
must assist the peace officer during the interview, interrogation or hearing.
4. The law enforcement agency conducting
the interview, 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.
5. A representative must not otherwise be
connected to, or the subject of, the same investigation.
6. Any information that a representative
obtains from the peace officer who is a witness concerning the investigation is
confidential and must not be disclosed.
7. Any information that a representative
obtains from the peace officer who is the subject of 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.
8. The peace officer, any representative
of the peace officer or the law enforcement agency may make a stenographic,
digital or magnetic record of the interview, 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.
9. After the conclusion of the
investigation, if a law enforcement agency intends to recommend that punitive
action be imposed against the peace officer who was the subject of the
investigation, the law enforcement agency must notify the peace officer of such
fact and give the peace officer or any representative of the peace officer a
reasonable opportunity to inspect any evidence in the possession of the law
enforcement agency and submit a response. The law enforcement agency must
consider any such response before making a recommendation to impose punitive
action against the peace officer. If the law enforcement agency recommends
punitive action be imposed against the peace officer and the peace officer
appeals the recommendation to impose punitive action, the peace officer or any
representative of the peace officer may review and copy the entire file
concerning the internal investigation, including, without limitation, any evidence,
recordings, notes, transcripts of interviews and documents contained in the
file.
(Added to NRS by 1983,
2098; A 1991,
647; 1993,
2380; 2005,
623; 2011,
1752; 2019,
2662; 2020,
32nd Special Session, 77)
Notes of Decisions
Jaeger v. State, 948 P.2d 1185 (Nev. 1997).
· cites it 8× “010, generally (the Peace Officer's Bill of Rights), and NRS 289.080, specifically. NRS 289.080(1) provides that a peace officer has a right to a lawyer or other representative during any type of internal investigatory hearing.”
LVPPA v. Eighth Jud. Dist. Ct., 2022 NV 59 (Nev. 2022).
· cites it 32× “Travers then exercised his NRS 289.080 right to choose an attorney to represent him in the investigation, selected an attorney covered by his FOP Plan,' and did not elect to use a representative from LVPPA.”
Am. Civil Liberties Union of Nev. v. Clark Cnty. Sch. Dist., 142 Nev. Adv. Op. No. 24 (Nev. 2026).
· cites it 17× “Relevant here, the NPRA excepts from its disclosure requirements documents covered by NRS 289.080, which makes confidential information relating to internal investigations of peace officers for misconduct.”
Am. Civil Liberties Union of Nev. v. Clark Cnty. Sch. Dist. (Nev. 2026).
· cites it 16× “Relevant here, the NPRA excepts from its disclosure requirements documents covered by NRS 289.080, which makes confidential information relating to internal investigations of peace officers for misconduct.”
Knickmeyer v. State of Nevada, 2017 NV 84 (Nev. 2017).
“3d 350 , 353 3 Knickmeyer also mentions NRS 289.080 in his brief as a statute that applies to him, but doesn't allege that 289.”
Knickmeyer v. State of Nevada (Nev. 2017).
“3d 350 , 353 3 Knickmeyer also mentions NRS 289.080 in his brief as a statute that applies to him, but doesn't allege that 289.”
Erwine v. Churchill Cnty. (D. Nev. 2021).
“16 § 289.080. However, these procedural rights are not ends in themselves protected by the due 17 process clauses.”
Martin v. Clark Cnty. (D. Nev. 2021).
“The 22 1 Daniel argues that his representatives during interrogations were interfered with in violation of 23 Nevada Revised Statutes § 289.080(3). Daniel has not raised this claim in his second amended complaint, so I do not address it.”
— Nev. Rev. Stat. § 289.080(1) — 4 cases
Jaeger v. State, 948 P.2d 1185 (Nev. 1997).
“010, generally (the Peace Officer's Bill of Rights), and NRS 289.080, specifically. NRS 289.080(1) provides that a peace officer has a right to a lawyer or other representative during any type of internal investigatory hearing.”
Am. Civil Liberties Union of Nev. v. Clark Cnty. Sch. Dist., 142 Nev. Adv. Op. No. 24 (Nev. 2026).
“Relevant here, the NPRA excepts from its disclosure requirements documents covered by NRS 289.080, which makes confidential information relating to internal investigations of peace officers for misconduct.”
— Nev. Rev. Stat. § 289.080(2) — 1 case
LVPPA v. Eighth Jud. Dist. Ct., 2022 NV 59 (Nev. 2022).
“Travers then exercised his NRS 289.080 right to choose an attorney to represent him in the investigation, selected an attorney covered by his FOP Plan,' and did not elect to use a representative from LVPPA.”
— Nev. Rev. Stat. § 289.080(3) — 4 cases
Jaeger v. State, 948 P.2d 1185 (Nev. 1997).
“010, generally (the Peace Officer's Bill of Rights), and NRS 289.080, specifically. NRS 289.080(1) provides that a peace officer has a right to a lawyer or other representative during any type of internal investigatory hearing.”
Martin v. Clark Cnty. (D. Nev. 2021).
“The 22 1 Daniel argues that his representatives during interrogations were interfered with in violation of 23 Nevada Revised Statutes § 289.080(3). Daniel has not raised this claim in his second amended complaint, so I do not address it.”
Am. Civil Liberties Union of Nev. v. Clark Cnty. Sch. Dist., 142 Nev. Adv. Op. No. 24 (Nev. 2026).
“Relevant here, the NPRA excepts from its disclosure requirements documents covered by NRS 289.080, which makes confidential information relating to internal investigations of peace officers for misconduct.”
— Nev. Rev. Stat. § 289.080(5) — 1 case
LVPPA v. Eighth Jud. Dist. Ct., 2022 NV 59 (Nev. 2022).
“Travers then exercised his NRS 289.080 right to choose an attorney to represent him in the investigation, selected an attorney covered by his FOP Plan,' and did not elect to use a representative from LVPPA.”
— Nev. Rev. Stat. § 289.080(6) — 2 cases
Am. Civil Liberties Union of Nev. v. Clark Cnty. Sch. Dist., 142 Nev. Adv. Op. No. 24 (Nev. 2026).
“Relevant here, the NPRA excepts from its disclosure requirements documents covered by NRS 289.080, which makes confidential information relating to internal investigations of peace officers for misconduct.”
— Nev. Rev. Stat. § 289.080(9) — 2 cases
Am. Civil Liberties Union of Nev. v. Clark Cnty. Sch. Dist., 142 Nev. Adv. Op. No. 24 (Nev. 2026).
“Relevant here, the NPRA excepts from its disclosure requirements documents covered by NRS 289.080, which makes confidential information relating to internal investigations of peace officers for misconduct.”
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