SUMMARY--Revises provisions concerning use of affidavit in preliminary hearing or grand jury proceeding. (BDR 14-656)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to criminal proceedings; allowing a prosecuting attorney to use the affidavit of certain witnesses for certain purposes at preliminary examinations or grand jury proceedings; eliminating the requirement of giving a defendant notice of the intention to use certain affidavits at a preliminary examination or grand jury proceeding; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 171.197 is hereby amended to read as follows:
171.197 1. If a witness resides outside this state or more than 100 miles from the place of a preliminary examination, his affidavit may be used at the preliminary examination when it is necessary for the district attorney to establish as an element of [any] an offense that:
(a) The witness was the owner, possessor or occupant of real or personal property [; and
(b) The] and that the defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness [.
2. The district attorney shall provide either written or oral notice to the defendant, not less than 10 days before the scheduled examination, that he intends to use the affidavit at the examination.
3.] ; or
(b) The witness possessed a certain amount of money at the time the offense was committed.
2. If at [or before] the time of the preliminary examination the defendant establishes that:
(a) There is a substantial and bona fide dispute as to the facts in the affidavit; and
(b) It is in the best interests of justice that the witness who signed the affidavit be cross-examined,
the magistrate may order the district attorney to produce the witness and may continue the examination for [any] the time it deems reasonably necessary in order to receive such testimony.
Sec. 2. NRS 172.137 is hereby amended to read as follows:
172.137 1. If a witness resides outside this state or more than 100 miles from the place of a grand jury proceeding, his affidavit may be used at the proceeding when it is necessary for the district attorney to establish as an element of [any] an offense that:
(a) The witness was the owner, possessor or occupant of real or personal property [; and
(b) The] and that the defendant did not have the permission of the witness to enter, occupy, possess or control the real or personal property of the witness [.
2. If the defendant has been subpoenaed to appear before the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shall provide either written or oral notice to the defendant, within a reasonable time before the scheduled proceeding of the grand jury, that the affidavit will be used at the proceeding.
3.] ; or
(b) The witness possessed a certain amount of money at the time the offense was committed.
2. If at [or before] the time of the proceeding the [defendant establishes] grand jury determines that:
(a) There is a substantial and bona fide dispute as to the facts in the affidavit; and
(b) It is in the best interests of justice that the witness who signed the affidavit be examined or cross-examined,
the grand jury may request that the district attorney produce the witness and may continue the proceeding for [any] the time it deems reasonably necessary in order to receive such testimony.