SB482

Senate Bill No. 482–Committee on Judiciary

(On Behalf of Washoe County Public
Defender’s Office)

March 18, 1999

____________

Referred to Committee on Judiciary

SUMMARY—Revises provisions governing proceedings before grand jury. (BDR 14-1639)

FISCAL NOTE: Effect on Local Government: Yes.

Effect on the State or on Industrial Insurance: Yes.

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).

AN ACT relating to criminal procedure; requiring a district attorney to provide copies of certain materials to a person before his arraignment if the person is indicted by a grand jury without receiving prior notice of its proceedings; requiring a district attorney to provide certain persons who are the targets of proceedings before a grand jury with a summary of the evidence that the district attorney intends to present to the grand jury; 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. Chapter 172 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. If a grand jury finds an indictment against a defendant pursuant

1-4 to NRS 172.255 and notice of the proceeding of the grand jury was

1-5 withheld from the defendant pursuant to NRS 172.241, the district

1-6 attorney shall, not less than 2 judicial days before the arraignment of the

1-7 defendant, provide the defendant with copies of any:

1-8 (a) Written or recorded statements or confessions made by the

1-9 defendant, or any written or recorded statements made by a witness, or

1-10 any reports of statements or confessions, or copies thereof, within the

1-11 possession or custody of the district attorney;

1-12 (b) Results or reports of physical or mental examinations, scientific

1-13 tests or scientific experiments made in connection with the particular

2-1 case, or copies thereof, within the possession or custody of the district

2-2 attorney; and

2-3 (c) Books, papers, documents or tangible objects that the district

2-4 attorney intends to introduce in evidence during the case in chief of the

2-5 state, or copies thereof, within the possession or custody of the district

2-6 attorney.

2-7 2. The defendant is not entitled, pursuant to the provisions of this

2-8 section, to the discovery or inspection of:

2-9 (a) An internal report, document or memorandum that is prepared by

2-10 or on behalf of the district attorney in connection with the investigation

2-11 or prosecution of the case.

2-12 (b) A statement, report, book, paper, document, tangible object or any

2-13 other type of item or information that is privileged or protected from

2-14 disclosure or inspection pursuant to the constitution or laws of this state

2-15 or the Constitution of the United States.

2-16 3. The provisions of this section are not intended to affect any

2-17 obligation placed upon the district attorney by the constitution of this

2-18 state or the Constitution of the United States to disclose exculpatory

2-19 evidence to the defendant.

2-20 4. The court shall not postpone an arraignment at the request of a

2-21 party based solely on the failure of the district attorney to permit the

2-22 defendant to inspect, copy or photograph material as required in this

2-23 section, unless the court finds that the defendant has been prejudiced by

2-24 such failure.

2-25 Sec. 2. NRS 172.241 is hereby amended to read as follows:

2-26 172.241 1. A person whose indictment the district attorney intends to

2-27 seek or the grand jury on its own motion intends to return, but who has not

2-28 been subpoenaed to appear before the grand jury, may testify before the

2-29 grand jury if he requests to do so and executes a valid waiver in writing of

2-30 his constitutional privilege against self-incrimination.

2-31 2. A district attorney or a peace officer shall serve reasonable notice

2-32 upon a person whose indictment is being considered by a grand jury unless

2-33 the court determines that adequate cause exists to withhold notice. The

2-34 notice is adequate if it:

2-35 (a) Is given to the person, his attorney of record or an attorney who

2-36 claims to represent the person and gives the person not less than 5 judicial

2-37 days to submit his request to testify to the district attorney; [~~and]~~

2-38 (b) Advises the person that he may testify before the grand jury only if

2-39 he submits a written request to the district attorney and includes an address

2-40 where the district attorney may send a notice of the date, time and place of

2-41 the scheduled proceeding of the grand jury [.] ; and

2-42 (c) Includes a summary of the evidence that the district attorney

2-43 intends to present to the grand jury.

3-1 3. The district attorney may apply to the court for a determination that

3-2 adequate cause exists to withhold notice if he:

3-3 (a) Determines that the notice may result in the flight of the person

3-4 whose indictment is being considered, on the basis of:

3-5 (1) A previous failure of the person to appear in matters arising out of

3-6 the subject matter of the proposed indictment;

3-7 (2) The fact that the person is a fugitive from justice arising from

3-8 charges in another jurisdiction;

3-9 (3) Outstanding local warrants pending against the person; or

3-10 (4) Any other objective factor;

3-11 (b) Determines that the notice may endanger the life or property of other

3-12 persons; or

3-13 (c) Is unable, after reasonable diligence, to notify the person.

3-14 4. If a district attorney applies to the court for a determination that

3-15 adequate cause exists to withhold notice, the court shall hold a closed

3-16 hearing on the matter. Upon a finding of adequate cause, the court may

3-17 order that no notice be given.