Amendment No. 291

Senate Amendment to Senate Bill No. 482 (BDR 14-1639)

Proposed by: Committee on Judiciary

Amendment Box:

Resolves Conflicts with: N/A

Amends: Summary: Title: Preamble: Joint Sponsorship:

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date

Adopted Lost | Adopted Lost

Concurred In Not | Concurred In Not

Receded Not | Receded Not

Amend the bill as a whole by deleting section 1 and renumbering sec. 2 as section 1.

Amend sec. 2, page 2, by deleting lines 35 through 43 and inserting:

"(a) Is given to the person, his attorney of record or an attorney who claims to represent the person [and gives] ;

(b) Gives the person and the attorney who represents him not less than 5 judicial days in which to submit [his] to the district attorney a written request for the person to testify [to the district attorney; and

(b)] before the grand jury;

(c) Advises the person that he may testify before the grand jury only if he or the attorney who represents him submits a written request to the district attorney and includes an address where the district attorney may send a notice of the date, time and place of the scheduled proceeding of the grand jury [.] ; and

(d) Includes the following:

(1) A brief allegation of each offense for which the district attorney intends to seek an indictment by the grand jury;

(2) The period during which each such offense is alleged to have occurred; and

(3) If available, any reference numbers from investigative agencies concerning each such offense.".

Amend the bill as a whole by adding a new section designated sec. 2, following sec. 2, to read as follows:

"Sec. 2. NRS 179.075 is hereby amended to read as follows:

179.075 1. The warrant may be executed and returned only within 10 days after its date.

2. The officer taking property under the warrant shall give to the person [from whom or] from whose possession or premises the property was taken a copy of the warrant and a receipt for the property taken or shall leave the copy and receipt at the place from which the property was taken.

3. The return [shall] must be made promptly and [shall] must be accompanied by a written inventory of any property taken. The inventory [shall] must be made in the presence of the applicant for the warrant and the person from whose possession or premises the property was taken, if they are present, or in the presence of at least one credible person other than the applicant for the warrant or the person from whose possession or premises the property was taken, and [shall] must be verified by the officer.

4. The magistrate shall upon request deliver a copy of the inventory to the person [from whom or] from whose possession or premises the property was taken and to the applicant for the warrant.

5. If the person from whose possession or premises the property was taken or his counsel provides reasonable notice, in writing, to the prosecuting attorney who represents the applicant for the warrant, the prosecuting attorney or the officer who took the property under the warrant shall permit the person, his counsel or a designee of the person or his counsel to inspect and to copy or photograph any property that:

(a) Was taken under the warrant;

(b) Is in the possession, custody or control of the state; and

(c) Is material to any pending grand jury proceeding or criminal action.

6. Any inspection, copying or photographing of property pursuant to subsection 5 must be done:

(a) Under secure circumstances and only by methods that preserve the integrity of the property as evidence; and

(b) At the expense of the person from whose possession or premises the property was taken.".

Amend the title of the bill to read as follows:

"AN ACT relating to criminal procedure; revising the provisions relating to the notice that is provided to a person who is a target of a grand jury proceeding; allowing a person whose property has been taken pursuant to a search warrant to inspect and to copy or photograph such property under certain circumstances; and providing other matters properly relating thereto.".

Amend the summary of the bill to read as follows:

"SUMMARY—Revises various provisions relating to criminal procedure. (BDR 14-1639)".