SUMMARY--Authorizes magistrate to order party requesting continuance of preliminary examination to pay fees and costs for witnesses under certain circumstances. (BDR 14-659)
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; authorizing a magistrate to order a party who requests the continuance of a preliminary examination to pay fees and costs for witnesses under certain circumstances; 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 171.196 is hereby amended to read as follows:
171.196 1. [Where the] If an offense is not triable in the justice's court, the defendant [shall] must not be called upon to plead. If the defendant waives preliminary examination, the magistrate shall [forthwith] immediately hold him to answer in the district court.
2. If the defendant does not waive examination, the magistrate shall hear the evidence within 15 days, unless for good cause shown he extends such time. Unless the defendant waives counsel, reasonable time [shall] must be allowed for counsel to appear.
3. [Where] Except as otherwise provided in this subsection, if the magistrate postpones the examination at the request of a party, the magistrate may order that party to pay all or part of the costs and fees expended to have a witness attend the examination. The magistrate shall not require a party who requested the postponement of the examination to pay for the costs and fees of a witness if:
(a) It was not reasonably necessary for the witness to attend the examination; or
(b) The magistrate ordered the extension pursuant to subsection 4.
4. If application is made for the appointment of counsel for an indigent defendant, the magistrate shall postpone the examination until:
(a) The application has been granted or denied; and
(b) If the application is granted, the attorney appointed or the public defender has had reasonable time to appear.
[4.] 5. The defendant may cross-examine witnesses against him and may introduce evidence in his own behalf.