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 [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; 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:

1-1 Section 1. NRS 172.241 is hereby amended to read as follows:

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

1-3 seek or the grand jury on its own motion intends to return, but who has not

1-4 been subpoenaed to appear before the grand jury, may testify before the

1-5 grand jury if he requests to do so and executes a valid waiver in writing of

1-6 his constitutional privilege against self-incrimination.

1-7 2. A district attorney or a peace officer shall serve reasonable notice

1-8 upon a person whose indictment is being considered by a grand jury unless

1-9 the court determines that adequate cause exists to withhold notice. The

1-10 notice is adequate if it:

1-11 (a) Is given to the person, his attorney of record or an attorney who

1-12 claims to represent the person [and gives] ;

1-13 (b) Gives the person and the attorney who represents him not less than

1-14 5 judicial days in which to submit [his] to the district attorney a written

1-15 request for the person to testify [to the district attorney; and

2-1 (b)] before the grand jury;

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

2-3 he or the attorney who represents him submits a written request to the

2-4 district attorney and includes an address where the district attorney may

2-5 send a notice of the date, time and place of the scheduled proceeding of the

2-6 grand jury [.] ; and

2-7 (d) Includes the following:

2-8 (1) A brief allegation of each offense for which the district attorney

2-9 intends to seek an indictment by the grand jury;

2-10 (2) The period during which each such offense is alleged to have

2-11 occurred; and

2-12 (3) If available, any reference numbers from investigative agencies

2-13 concerning each such offense.

2-14 3. The district attorney may apply to the court for a determination that

2-15 adequate cause exists to withhold notice if he:

2-16 (a) Determines that the notice may result in the flight of the person

2-17 whose indictment is being considered, on the basis of:

2-18 (1) A previous failure of the person to appear in matters arising out of

2-19 the subject matter of the proposed indictment;

2-20 (2) The fact that the person is a fugitive from justice arising from

2-21 charges in another jurisdiction;

2-22 (3) Outstanding local warrants pending against the person; or

2-23 (4) Any other objective factor;

2-24 (b) Determines that the notice may endanger the life or property of other

2-25 persons; or

2-26 (c) Is unable, after reasonable diligence, to notify the person.

2-27 4. If a district attorney applies to the court for a determination that

2-28 adequate cause exists to withhold notice, the court shall hold a closed

2-29 hearing on the matter. Upon a finding of adequate cause, the court may

2-30 order that no notice be given.

2-31 Sec. 2. NRS 179.075 is hereby amended to read as follows:

2-32 179.075 1. The warrant may be executed and returned only within 10

2-33 days after its date.

2-34 2. The officer taking property under the warrant shall give to the

2-35 person [from whom or] from whose possession or premises the property

2-36 was taken a copy of the warrant and a receipt for the property taken or shall

2-37 leave the copy and receipt at the place from which the property was taken.

2-38 3. The return [shall] must be made promptly and [shall] must be

2-39 accompanied by a written inventory of any property taken. The inventory

2-40 [shall] must be made in the presence of the applicant for the warrant and

2-41 the person from whose possession or premises the property was taken, if

2-42 they are present, or in the presence of at least one credible person other

3-1 than the applicant for the warrant or the person from whose possession or

3-2 premises the property was taken, and [shall] must be verified by the officer.

3-3 4. The magistrate shall upon request deliver a copy of the inventory to

3-4 the person [from whom or] from whose possession or premises the

3-5 property was taken and to the applicant for the warrant.

3-6 5. If the person from whose possession or premises the property was

3-7 taken or his counsel provides reasonable notice, in writing, to the

3-8 prosecuting attorney who represents the applicant for the warrant, the

3-9 prosecuting attorney or the officer who took the property under the

3-10 warrant shall permit the person, his counsel or a designee of the person

3-11 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; and

3-14 (c) Is material to any pending grand jury proceeding or criminal

3-15 action.

3-16 6. Any inspection, copying or photographing of property pursuant to

3-17 subsection 5 must be done:

3-18 (a) Under secure circumstances and only by methods that preserve the

3-19 integrity of the property as evidence; and

3-20 (b) At the expense of the person from whose possession or premises

3-21 the property was taken.

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