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 171.197 is hereby amended to read as follows:

1-2 171.197 1. If a witness resides outside this state or more than 100

1-17 attorney to establish as an element of any offense that:

2-1 (a) When a check or draft naming the financial institution as drawee

2-2 was drawn or passed, the account or purported account upon which the

2-3 check or draft was drawn did not exist, was closed or held insufficient

2-4 money, property or credit to pay the check or draft in full upon its

2-5 presentation; or

2-6 (b) When a check or draft naming the financial institution as drawee

2-7 was presented for payment to the financial institution, the account or

2-8 purported account upon which the check or draft was drawn did not

2-9 exist, was closed or held insufficient money, property or credit to pay the

2-10 check or draft in full.

2-11 3. The district attorney shall provide either written or oral notice to the

2-12 defendant, not less than 10 days before the scheduled preliminary

2-13 examination, that he intends to use [the] an affidavit described in this

2-14 section at the preliminary examination.

2-15 [3.] 4. If , at or before the time of the preliminary examination , the

2-16 defendant establishes that:

2-17 (a) There is a substantial and bona fide dispute as to the facts in [the

2-18 affidavit;] an affidavit described in this section; and

2-19 (b) It is in the best interests of justice that the [witness] person who

2-20 signed the affidavit be cross-examined,

2-21 the magistrate may order the district attorney to produce the [witness]

2-22 person who signed the affidavit and may continue the examination for any

2-23 time it deems reasonably necessary in order to receive such testimony.

2-24 Sec. 2. NRS 172.135 is hereby amended to read as follows:

2-25 172.135 1. In the investigation of a charge, for the purpose of either

2-38 evidence in degree, to the exclusion of hearsay or secondary evidence.

2-39 Sec. 3. NRS 172.137 is hereby amended to read as follows:

2-40 172.137 1. If a witness resides outside this state or more than 100

2-41 miles from the place of a grand jury proceeding, his affidavit may be used

3-1 at the proceeding [when] if it is necessary for the district attorney to

3-2 establish as an element of any offense that:

3-3 (a) The witness was the owner, possessor or occupant of real or personal

3-4 property; and

3-5 (b) The defendant did not have the permission of the witness to enter,

3-6 occupy, possess or control the real or personal property of the witness.

3-7 2. If a financial institution does not maintain any principal or

3-8 branch office within this state or if a financial institution that maintains

3-9 a principal or branch office within this state does not maintain any such

3-10 office within 100 miles of the place of a grand jury proceeding, the

3-11 affidavit of a custodian of the records of the financial institution or the

3-12 affidavit of any other qualified person of the financial institution may be

3-13 used at the proceeding if it is necessary for the district attorney to

3-14 establish as an element of any offense that:

3-15 (a) When a check or draft naming the financial institution as drawee

3-16 was drawn or passed, the account or purported account upon which the

3-17 check or draft was drawn did not exist, was closed or held insufficient

3-18 money, property or credit to pay the check or draft in full upon its

3-19 presentation; or

3-20 (b) When a check or draft naming the financial institution as drawee

3-21 was presented for payment to the financial institution, the account or

3-22 purported account upon which the check or draft was drawn did not

3-23 exist, was closed or held insufficient money, property or credit to pay the

3-24 check or draft in full.

3-25 3. If the defendant has been subpoenaed to appear before the grand

3-26 jury or if the defendant has requested to testify pursuant to NRS 172.241,

3-27 the district attorney shall provide either written or oral notice to the

3-28 defendant, within a reasonable time before the scheduled proceeding of the

3-29 grand jury, that [the] an affidavit described in this section will be used at

3-30 the proceeding.

3-31 [3.] 4. If , at or before the time of the proceeding , the defendant

3-32 establishes that:

3-33 (a) There is a substantial and bona fide dispute as to the facts in [the

3-34 affidavit;] an affidavit described in this section; and

3-35 (b) It is in the best interests of justice that the [witness] person who

3-36 signed the affidavit be examined or cross-examined,

3-37 the grand jury may request that the district attorney produce the [witness]

3-38 person who signed the affidavit and may continue the proceeding for any

3-39 time it deems reasonably necessary in order to receive such testimony.

4-1 Sec. 4. The amendatory provisions of this act apply to any criminal

4-2 offense that is the subject of a preliminary examination or grand jury

4-3 proceeding commenced on or after the effective date of this act, regardless

4-4 of when the offense was committed.

4-5 Sec. 5. This act becomes effective upon passage and approval.