Assembly Bill No. 61–Committee on Judiciary

 

(On Behalf of the District Attorney’s Association)

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Makes various changes to provisions governing testimony and evidence of witness who is granted immunity in criminal proceeding. (BDR 14‑281)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; providing that evidence that is derived from the testimony or evidence of a witness who is granted immunity may be introduced in another proceeding if the evidence is obtained from an independent source; clarifying the duties of a witness to whom immunity is granted; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 178.572 is hereby amended to read as follows:

1-2  178.572  1.  In any investigation before a grand jury, or any

1-3  preliminary examination or trial in any court of record, the court on

1-4  motion of the State may order that any material witness be released

1-5  from all liability to be prosecuted or punished on account of any

1-6  testimony or other evidence he may be required to produce[.]

1-7  pursuant to the order.

1-8  2.  Any motion, hearing or order regarding the immunity of a

1-9  grand jury witness must not be made public before an indictment or

1-10  presentment is issued in the case.

1-11      Sec. 2.  NRS 178.574 is hereby amended to read as follows:

1-12      178.574  [Such]

2-1  1.  Except as otherwise provided in subsection 2, an order of

2-2  immunity [shall forever be] pursuant to NRS 178.572 is forever a

2-3  bar to prosecution against the witness for any offense shown in

2-4  whole or in part by such testimony or other evidence except for

2-5  perjury committed in the giving of such testimony.

2-6  2.  Evidence that is discovered as a result of, or otherwise

2-7  derived from, testimony or evidence compelled by an order issued

2-8  pursuant to NRS 178.572 is not admissible in a proceeding against

2-9  the witness to whom immunity was granted unless it is obtained

2-10  from a source that is independent from the testimony or evidence

2-11  provided by the witness to whom immunity was granted. If there is

2-12  an objection to the admissibility of such evidence, the person

2-13  offering the evidence must establish by clear and convincing

2-14  evidence that the evidence offered was obtained from that

2-15  independent source.

2-16      Sec. 3.  NRS 178.576 is hereby amended to read as follows:

2-17      178.576  1.  If the court issues an order and grants immunity

2-18  to a witness pursuant to NRS 178.572, the witness shall testify or

2-19  produce all evidence compelled by the order regardless of whether

2-20  the testimony or evidence may tend to incriminate him or subject

2-21  him to a penalty or forfeiture.

2-22      2.  Any witness [who having] to whom such immunity has

2-23  been granted [immunity] who refuses to testify or produce other

2-24  evidence is in contempt of court.

 

2-25  H