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:

1-18 attorney a written notice containing the name and last known address of

2-1 any witness the defendant intends to call during the case in chief of the

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

2-3 provided to the prosecuting attorney pursuant to NRS 174.245; and

2-4 (2) The prosecuting attorney shall file and serve upon the

2-5 defendant a written notice containing the name and last known address

2-6 or place of employment of any witness the prosecuting attorney intends to

2-7 call during the case in chief of the state whose name and last known

2-8 address or place of employment have not otherwise been provided to the

2-9 defendant pursuant to NRS 171.1965 or 174.235.

2-10 2. If the defendant will be tried for one or more offenses that are

2-11 punishable as a gross misdemeanor or felony and a witness that a party

2-12 intends to call during the case in chief of the state or during the case in

2-13 chief of the defendant is expected to offer testimony as an expert witness,

2-14 the party who intends to call that witness shall file and serve upon the

2-15 opposing party, not less than 21 days before trial or at such other time as

2-16 the court [may direct,] directs, a written notice containing:

2-17 (a) A brief statement regarding the subject matter on which the expert

2-18 witness is expected to testify and the substance of his testimony;

2-19 (b) A copy of the curriculum vitae of the expert witness; and

2-20 (c) A copy of all reports made by or at the direction of the expert

2-21 witness.

2-22 3. After complying with the provisions of subsections 1 and 2, each

2-23 party has a continuing duty to file and serve upon the opposing party:

2-24 (a) Written notice of the names and last known addresses of any

2-25 additional witnesses that the party intends to call during the case in chief of

2-26 the state or during the case in chief of the defendant. A party shall file and

2-27 serve written notice pursuant to this paragraph as soon as practicable after

2-28 the party determines that he intends to call an additional witness during the

2-29 case in chief of the state or during the case in chief of the defendant. The

2-30 court shall prohibit an additional witness from testifying if the court

2-31 determines that the party acted in bad faith by not including the witness on

2-32 the written notice required pursuant to subsection 1.

2-33 (b) Any information relating to an expert witness that is required to be

2-34 disclosed pursuant to subsection 2. A party shall provide information

2-35 pursuant to this paragraph as soon as practicable after the party obtains that

2-36 information. The court shall prohibit the party from introducing that

2-37 information in evidence or shall prohibit the expert witness from testifying

2-38 if the court determines that the party acted in bad faith by not timely

2-39 disclosing that information pursuant to subsection 2.

2-40 4. Each party has a continuing duty to file and serve upon the

2-41 opposing party any change in the last known address, or, if applicable,

2-42 last known place of employment, of any witness that the party intends to

3-1 call during the case in chief of the state or during the case in chief of the

3-2 defendant as soon as practicable after the party obtains that information.

3-3 5. Upon a motion by either party or the witness, the court shall

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

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

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

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

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

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

3-10 provides for protection of the witness.

3-11 [5.] 6. In addition to the sanctions and protective orders otherwise

3-12 provided in subsections 3 and [4,] 5, the court may upon the request of a

3-13 party:

3-14 (a) Order that disclosure pursuant to this section be denied, restricted

3-15 or deferred pursuant to the provisions of NRS 174.275; or

3-16 (b) Impose sanctions pursuant to subsection 2 of NRS 174.295 for the

3-17 failure to comply with the provisions of this section.

3-18 [6.] 7. A party is not entitled, pursuant to the provisions of this

3-19 section, to the disclosure of the name or address of a witness or any other

3-20 type of item or information that is privileged or protected from disclosure

3-21 or inspection pursuant to the constitution or laws of this state or the

3-22 Constitution of the United States.

3-23 Sec. 2. This act becomes effective upon passage and approval.