Senate Bill No. 482–Committee on Judiciary
(On Behalf of Washoe County Public
Defender’s Office)
March 18, 1999
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Referred to Committee on Judiciary
SUMMARY—Revises various provisions relating to criminal procedure. (BDR 14-1639)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: Yes.
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EXPLANATION – Matter in
bolded italics is new; matter between brackets
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.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1. NRS 172.241 is hereby amended to read as follows: 172.241 1. A person whose indictment the district attorney intends to1-3
seek or the grand jury on its own motion intends to return, but who has not1-4
been subpoenaed to appear before the grand jury, may testify before the1-5
grand jury if he requests to do so and executes a valid waiver in writing of1-6
his constitutional privilege against self-incrimination.1-7
2. A district attorney or a peace officer shall serve reasonable notice1-8
upon a person whose indictment is being considered by a grand jury unless1-9
the court determines that adequate cause exists to withhold notice. The1-10
notice is adequate if it:1-11
(a) Is given to the person, his attorney of record or an attorney who1-12
claims to represent the person1-13
(b) Gives the person and the attorney who represents him not less than1-14
5 judicial days in which to submit1-15
request for the person to testify2-1
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(c) Advises the person that he may testify before the grand jury only if2-3
he or the attorney who represents him submits a written request to the2-4
district attorney and includes an address where the district attorney may2-5
send a notice of the date, time and place of the scheduled proceeding of the2-6
grand jury2-7
(d) Includes the following:2-8
(1) A brief allegation of each offense for which the district attorney2-9
intends to seek an indictment by the grand jury;2-10
(2) The period during which each such offense is alleged to have2-11
occurred; and2-12
(3) If available, any reference numbers from investigative agencies2-13
concerning each such offense.2-14
3. The district attorney may apply to the court for a determination that2-15
adequate cause exists to withhold notice if he:2-16
(a) Determines that the notice may result in the flight of the person2-17
whose indictment is being considered, on the basis of:2-18
(1) A previous failure of the person to appear in matters arising out of2-19
the subject matter of the proposed indictment;2-20
(2) The fact that the person is a fugitive from justice arising from2-21
charges in another jurisdiction;2-22
(3) Outstanding local warrants pending against the person; or2-23
(4) Any other objective factor;2-24
(b) Determines that the notice may endanger the life or property of other2-25
persons; or2-26
(c) Is unable, after reasonable diligence, to notify the person.2-27
4. If a district attorney applies to the court for a determination that2-28
adequate cause exists to withhold notice, the court shall hold a closed2-29
hearing on the matter. Upon a finding of adequate cause, the court may2-30
order that no notice be given.2-31
Sec. 2. NRS 179.075 is hereby amended to read as follows: 179.075 1. The warrant may be executed and returned only within 102-33
days after its date.2-34
2. The officer taking property under the warrant shall give to the2-35
person2-36
was taken a copy of the warrant and a receipt for the property taken or shall2-37
leave the copy and receipt at the place from which the property was taken.2-38
3. The return2-39
accompanied by a written inventory of any property taken. The inventory2-40
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the person from whose possession or premises the property was taken, if2-42
they are present, or in the presence of at least one credible person other3-1
than the applicant for the warrant or the person from whose possession or3-2
premises the property was taken, and3-3
4. The magistrate shall upon request deliver a copy of the inventory to3-4
the person3-5
property was taken and to the applicant for the warrant.3-6
5. If the person from whose possession or premises the property was3-7
taken or his counsel provides reasonable notice, in writing, to the3-8
prosecuting attorney who represents the applicant for the warrant, the3-9
prosecuting attorney or the officer who took the property under the3-10
warrant shall permit the person, his counsel or a designee of the person3-11
or his counsel to inspect and to copy or photograph any property that:3-12
(a) Was taken under the warrant;3-13
(b) Is in the possession, custody or control of the state; and3-14
(c) Is material to any pending grand jury proceeding or criminal3-15
action.3-16
6. Any inspection, copying or photographing of property pursuant to3-17
subsection 5 must be done:3-18
(a) Under secure circumstances and only by methods that preserve the3-19
integrity of the property as evidence; and3-20
(b) At the expense of the person from whose possession or premises3-21
the property was taken.~