SUMMARY--Provides that investigating officer may not be excluded from criminal proceeding. (BDR 14-657)
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; providing that an investigating officer may not be excluded from a criminal proceeding regardless of whether he has not yet testified or been cross-examined; 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 171.204 is hereby amended to read as follows:
171.204 1. Except as otherwise provided in subsection 2, the magistrate may, if good cause is shown and upon the request of [any] a party or on his own motion, exclude from the examination every person except:
(a) The magistrate's clerk;
(b) The attorney general;
(c) The prosecuting attorney;
(d) An investigating officer ; [, after he has testified as a prosecuting witness and his cross-examination has been completed;]
(e) Any counsel for the victim;
(f) The victim, after he has testified as a prosecuting witness and his cross-examination has been completed;
(g) The defendant and his counsel;
(h) The witness who is testifying;
(i) The officer [having] who has the defendant or a witness in his custody;
(j) An attendant to a prosecuting witness designated pursuant to NRS 178.571; and
(k) Any other person whose presence is found by the magistrate to be necessary for the proper conduct of the examination.
2. A person who is called as a witness primarily for the purpose of identifying the victim may not be excluded from the examination except in the discretion of the magistrate.
3. As used in this section, "victim" includes any person described in NRS 178.569.