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 50.315 is hereby amended to read as follows:

1-2 50.315 1. Except as otherwise provided in subsections 6 and 7, the

1-15 declaration of a person who prepared a chemical solution or gas that has

2-1 been used in calibrating a device for testing another’s breath to determine

2-2 the amount of alcohol in his breath is admissible in evidence in any

2-3 criminal or administrative proceeding to prove:

2-4 (a) The occupation of the affiant or declarant; and

2-5 (b) That the solution or gas has the chemical composition necessary for

2-6 accurately calibrating it.

2-7 3. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-8 declaration of a person who calibrates a device for testing another’s breath

2-9 to determine the amount of alcohol in his breath is admissible in evidence

2-10 in any criminal or administrative proceeding to prove:

2-11 (a) The occupation of the affiant or declarant;

2-12 (b) That on a specified date the affiant or declarant calibrated the device

2-13 at a named law enforcement agency by using the procedures and equipment

2-14 prescribed in the regulations of the committee on testing for intoxication;

2-15 (c) That the calibration was performed within the period required by the

2-16 committee’s regulations; and

2-17 (d) Upon completing the calibration of the device, it was operating

2-18 properly.

2-19 4. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-20 declaration made under the penalty of perjury of a person who withdraws a

2-21 sample of blood from another for analysis by an expert as set forth in NRS

2-22 50.320 is admissible in any criminal or administrative proceeding to prove:

2-23 (a) The occupation of the affiant or declarant;

2-24 (b) The identity of the person from whom the affiant or declarant

2-25 withdrew the sample;

2-26 (c) The fact that the affiant or declarant kept the sample in his sole

2-27 custody or control and in substantially the same condition as when he first

2-28 obtained it until delivering it to another; and

2-29 (d) The identity of the person to whom the affiant or declarant delivered

2-30 it.

2-31 5. Except as otherwise provided in subsections 6 and 7, the affidavit or

2-32 declaration of a person who receives from another a sample of blood or

2-33 urine or other tangible evidence that is alleged to contain alcohol or a

2-34 controlled substance, chemical, poison or organic solvent may be admitted

2-35 in any criminal, civil or administrative proceeding to prove:

2-36 (a) The occupation of the affiant or declarant;

2-37 (b) The fact that the affiant or declarant received a sample or other

2-38 evidence from another person and kept it in his sole custody or control in

2-39 substantially the same condition as when he first received it until delivering

2-40 it to another; and

2-41 (c) The identity of the person to whom the affiant or declarant delivered

2-42 it.

3-1 6. [If,] Except as otherwise provided in subsection 9, if, at or before

3-2 the time of the trial, the defendant establishes that:

3-3 (a) There is a substantial and bona fide dispute regarding the facts in the

3-4 affidavit or declaration; and

3-5 (b) It is in the best interests of justice that the witness who signed the

3-6 affidavit or declaration be cross-examined,

3-7 the court may order the prosecution to produce the witness and may

3-8 continue the trial for any time the court deems reasonably necessary to

3-9 receive such testimony. The time within which a trial is required is

3-10 extended by the time of the continuance.

3-11 7. [During] Except as otherwise provided in subsection 9, during any

3-12 trial in which the defendant has been accused of committing a felony, the

3-13 defendant may object in writing to admitting into evidence an affidavit or

3-14 declaration described in this section. If the defendant makes such an

3-15 objection, the court shall not admit the affidavit or declaration into

3-16 evidence and the prosecution may cause the person to testify in court to any

3-17 information contained in the affidavit or declaration.

3-18 8. The committee on testing for intoxication shall adopt regulations

3-19 prescribing the form of the affidavits and declarations described in this

3-20 section.

3-21 9. The provisions of subsections 6 and 7 do not apply to an affidavit

3-22 or declaration that is admitted pursuant to NRS 51.155.

3-23 Sec. 2. NRS 50.320 is hereby amended to read as follows:

3-24 50.320 1. The affidavit or declaration of a chemist and any other

3-43 affidavit or declaration into evidence and the prosecution may cause the

4-1 person to testify in court to any information contained in the affidavit or

4-2 declaration. The provisions of this subsection do not apply to an affidavit

4-3 or declaration that is admitted pursuant to NRS 51.155.

4-4 4. The committee on testing for intoxication shall adopt regulations

4-5 prescribing the form of the affidavits and declarations described in this

4-6 section.

4-7 Sec. 3. NRS 50.325 is hereby amended to read as follows:

4-8 50.325 1. If a person is charged with an offense punishable pursuant

4-39 producing any witness to offer testimony at trial.

4-40 Sec. 4. NRS 51.155 is hereby amended to read as follows:

4-41 51.155 1. Records, reports, statements or data compilations, in any

4-43 rule if they set forth:

5-1 [1.] (a) The activities of the official or agency;

5-2 [2.] (b) Matters observed pursuant to duty imposed by law; or

5-3 [3.] (c) In civil cases and against the state in criminal cases, factual

5-4 findings resulting from an investigation made pursuant to authority granted

5-5 by law,

5-6 unless the sources of information or the method or circumstances of the

5-7 investigation indicate lack of trustworthiness.

5-8 2. Records, reports, statements or data compilations, in any form,

5-9 that are created by or at the request of a public official or agency are not

5-10 inadmissible under the hearsay rule if they are related to a procedure

5-11 that is routinely conducted by or at the request of the public official or

5-12 agency and that produces objective results, including, without limitation,

5-13 records, reports, statements or data compilations related to the

5-14 calibration of a device used to test the breath of a person to determine the

5-15 amount of alcohol in his breath.

5-16 Sec. 5. The amendatory provisions of this act do not apply to offenses

5-17 committed before October 1, 1999.