Nevada Revised Statutes 289.825 – Requirement for law enforcement agency to adopt written policy regarding drug and alcohol testing of peace officer following certain actions
1. Each law enforcement agency shall adopt a written policy regarding the drug and alcohol testing of a peace officer following an officer-involved shooting or when the conduct of a peace officer results in substantial bodily harm to or the death of another person. The written policy adopted by the law enforcement agency must include the following requirements:
Terms Used In Nevada Revised Statutes 289.825
- 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
- substantial bodily harm: means :
(a) Each peace officer who is involved in an officer-involved shooting or whose conduct resulted in substantial bodily harm to or the death of another person must submit to drug and alcohol testing, including, without limitation, testing for the use of cannabis, prescription drugs and illegal drugs; and
(b) The drug and alcohol testing must be completed as soon as practicable after the officer-involved shooting or the conduct of the peace officer that resulted in substantial bodily harm to or the death of another person, but not later than the end of the involved peace officer’s shift.
2. As used in this section, ‘officer-involved shooting’ means any instance when a peace officer discharges his or her firearm during the performance of his or her official duties or in the line of duty and thereby causes injury or death to one or more persons.