NRS289.810. Peace officer prohibited from using choke hold; exceptions; agencies required to adopt regulations.  


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  •       1.  A peace officer shall not use a choke hold on any other person unless:

          (a) The agency employing the peace officer authorizes the use of the choke hold by its peace officers in the course of their duties; and

          (b) The peace officer has successfully completed training in the proper use of the choke hold and holds current certification for its use by the agency which employs the peace officer.

          2.  If a law enforcement agency finds that a peace officer has violated the provisions of subsection 1, the peace officer is subject to such disciplinary action as is provided for such an offense by the agency.

          3.  Each agency in this state which employs a peace officer shall adopt regulations which govern whether the use of a choke hold by its officers during the course of their duties is authorized. If an agency authorizes such a use of a choke hold, the agency shall also adopt regulations which specifically address:

          (a) The manner in which a peace officer, certified for use of a choke hold, is authorized to use the hold in the course of the peace officer’s duties;

          (b) The manner in which records of training, certification and recertification will be maintained to ensure compliance with any applicable statutory or other related requirements; and

          (c) The consequences of unauthorized or uncertified use of a choke hold.

      (Added to NRS by 1991, 982; A 1993, 2525; 1997, 508; 1999, 2425)