EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

1-1 Section 1. NRS 174.234 is hereby amended to read as follows:

1-2 174.234 1. Except as otherwise provided in this section, not less than

1-18 upon the defendant pursuant to this subparagraph the name and last

2-1 known address of any witness whose name and last known address were

2-2 endorsed upon the information in accordance with subsection 2 of NRS

2-3 173.045.

2-4 (b) If the defendant will not be tried for any offenses that are

2-5 punishable as a gross misdemeanor or felony:

2-6 (1) The defendant shall file and serve upon the prosecuting attorney

2-7 a written notice containing the name and last known address of any

2-8 witness the defendant intends to call during the case in chief of the

2-9 defendant whose name and last known address have not otherwise been

2-10 provided to the prosecuting attorney pursuant to NRS 174.245; and

2-11 (2) The prosecuting attorney shall file and serve upon the defendant

2-12 a written notice containing the name and last known address of any

2-13 witness the prosecuting attorney intends to call during the case in chief

2-14 of the state whose name and last known address have not otherwise been

2-15 provided to the defendant pursuant to NRS 171.1965 or 174.235.

2-16 2. If a witness that a party intends to call during the case in chief of the

2-17 state or during the case in chief of the defendant is expected to offer

2-18 testimony as an expert witness, the party who intends to call that witness

2-19 shall [file and] serve upon the opposing party, not less than 21 days before

2-20 trial or at such other time as the court [may direct,] directs, a written notice

2-21 containing:

2-22 (a) A brief statement regarding the subject matter on which the expert

2-23 witness is expected to testify and the substance of his testimony;

2-24 (b) [A] If requested by the opposing party in writing, a copy of the

2-25 curriculum vitae of the expert witness; and

2-26 (c) A copy of all reports made by or at the direction of the expert

2-27 witness.

2-28 3. After complying with the provisions of subsections 1 and 2, each

2-29 party has a continuing duty to [file and] serve upon the opposing party:

2-30 (a) Written notice of the names and last known addresses of any

2-31 additional witnesses that the party intends to call during the case in chief of

2-32 the state or during the case in chief of the defendant. A party shall file and

2-33 serve written notice pursuant to this paragraph as soon as [practicable after]

2-34 the party determines that he intends to call an additional witness during the

2-35 case in chief of the state or during the case in chief of the defendant. [The

2-36 court shall prohibit an additional witness from testifying if the court

2-37 determines that the party acted in bad faith by not including the witness on

2-38 the written notice required pursuant to subsection 1.]

2-39 (b) Any information relating to an expert witness that is required to be

2-40 disclosed pursuant to subsection 2. A party shall provide information

2-41 pursuant to this paragraph as soon as [practicable after] the party obtains

2-42 that information. The court shall prohibit the party from introducing that

2-43 information in evidence or shall prohibit the expert witness from testifying

3-1 if the court determines that the party acted in bad faith by not timely

3-2 disclosing that information pursuant to subsection 2.

3-3 4. Upon a motion by either party or the witness, the court shall prohibit

3-4 disclosure to the other party of the address of the witness if the court

3-5 determines that disclosure of the address would create a substantial threat

3-6 to the witness of bodily harm, intimidation, coercion or harassment. If the

3-7 court prohibits disclosure of an address pursuant to this subsection, the

3-8 court shall, upon the request of a party, provide the party or his attorney or

3-9 agent with an opportunity to interview the witness in an environment that

3-10 provides for protection of the witness.

3-11 5. If, during the case in chief of the state or the case in chief of the

3-12 defendant, a party calls a witness whose name and last known address

3-13 were not timely provided to the opposing party in accordance with this

3-14 section or any order of the court entered pursuant to NRS 174.275 or

3-15 subsection 2 of NRS 174.295, the court shall upon the request of the

3-16 opposing party:

3-17 (a) Continue the trial and provide the opposing party, before the

3-18 witness testifies, with an opportunity to interview the witness and to

3-19 prepare for cross-examination of the witness; or

3-20 (b) Prohibit the witness from testifying.

3-21 6. In addition to the sanctions and protective orders otherwise provided

3-22 in or required by subsections 3 [and 4,] , 4 and 5, the court may upon the

3-23 request of a party:

3-24 (a) Order that disclosure pursuant to this section be denied, restricted or

3-25 deferred pursuant to the provisions of NRS 174.275; or

3-26 (b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the

3-27 failure to comply with the provisions of this section.

3-28 [6.] 7. A party is not entitled, pursuant to the provisions of this section,

3-29 to the disclosure of the name or address of a witness or any other type of

3-30 item or information that is privileged or protected from disclosure or

3-31 inspection pursuant to the constitution or laws of this state or the

3-32 Constitution of the United States.