1.  In a county whose population is 100,000 or more, each law enforcement agency shall adopt policies and procedures to govern the investigation of motor vehicle crashes in which a peace officer employed by the law enforcement agency is involved. The policies and procedures must include, without limitation, a requirement that if such a motor vehicle crash results in a fatal injury to any person, the motor vehicle crash must be investigated by a law enforcement agency other than the law enforcement agency that employs the peace officer involved in the crash unless:

Terms Used In Nevada Revised Statutes 289.095

  • county: includes Carson City. See Nevada Revised Statutes 0.033
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Law enforcement agency: means any agency, office, bureau, department, unit or division created by any statute, ordinance or rule which:

    (a) Has a duty to enforce the law; and

    (b) Employs any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289. See Nevada Revised Statutes 289.010

  • Peace officer: means any person upon whom some or all of the powers of a peace officer are conferred pursuant to NRS 289. See Nevada Revised Statutes 289.010
  • person: means a natural person, any form of business or social organization and any other nongovernmental legal entity including, but not limited to, a corporation, partnership, association, trust or unincorporated organization. See Nevada Revised Statutes 0.039
  • population: means the number of people in a specified area as determined by the last preceding national decennial census conducted by the Bureau of the Census of the United States Department of Commerce pursuant to Section 2 of Article I of the Constitution of the United States and reported by the Secretary of Commerce to the Governor pursuant to 13 U. See Nevada Revised Statutes 0.050

(a) Another law enforcement agency does not have comparable equipment and personnel to investigate the crash at least as effectively as the law enforcement agency that employs the peace officer involved in the motor vehicle crash;

(b) Another law enforcement agency is unavailable to investigate the motor vehicle crash; or

(c) Investigation of the motor vehicle crash by another law enforcement agency would delay the initiation of the investigation such that the integrity of the crash scene and preservation and collection of evidence may be jeopardized by such a delay.

2.  This section does not prohibit a law enforcement agency in a county whose population is 100,000 or more from entering into agreements for cooperation with agencies in other jurisdictions for the investigation of motor vehicle crashes in which a peace officer of the law enforcement agency is involved.

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