Senate Bill No. 192–Committee on Judiciary

 

(On Behalf of District Attorneys Association)

 

February 16, 2001

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Authorizes magistrate to permit examination of witness if defendant waives preliminary examination. (BDR 14‑466)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to criminal procedure; authorizing a magistrate to permit the examination of a witness if the defendant waives the preliminary examination; 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 171 of NRS is hereby amended by adding thereto a

1-2  new section to read as follows:

1-3    1.  If the defendant waives the preliminary examination pursuant to

1-4  subsection 1 of NRS 171.196, the defendant or the prosecuting attorney

1-5  may request that the magistrate permit the examination of a witness to

1-6  perpetuate the testimony of the witness. If the magistrate finds that good

1-7  cause exists to permit the examination of the witness, the magistrate shall

1-8  permit the witness to be examined at the time at which the preliminary

1-9  examination was scheduled.

1-10    2.  If the magistrate permits a witness to be examined pursuant to this

1-11  section, the defendant or the prosecuting attorney may cross-examine the

1-12  witness.

1-13    3.  The magistrate shall employ a certified court reporter to take down

1-14  the testimony and the proceedings on the examination of a witness

1-15  pursuant to this section and have that testimony transcribed into

1-16  typewritten transcript. The compensation for the services of a reporter

1-17  employed as provided in this section are the same as provided in NRS

1-18  3.370, to be paid out of the county treasury as other claims against the

1-19  county are allowed and paid. When the testimony of the witness is taken

1-20  and transcribed by the reporter, the reporter shall certify to the transcript

2-1  in the same manner as for a transcript of testimony in the district court,

2-2  and the certificate of the reporter authenticates the transcript for all

2-3  purposes of this Title. Before the date set for trial, either party may move

2-4  the court before which the case is pending to add to, delete from, or

2-5  otherwise correct the transcript to conform with the testimony as given

2-6  and to settle the transcript so altered. Testimony reduced to writing and

2-7  authenticated according to the provisions of this section must be filed

2-8  with the clerk of the district court, and a copy of the transcript must be

2-9  furnished to the defendant and to the prosecuting attorney.

2-10    4.  The testimony of a witness examined pursuant to this section may

2-11  be used by the defendant or the prosecuting attorney in the manner

2-12  provided by NRS 174.215 for the use of depositions in criminal

2-13  proceedings.

2-14    5.  At the conclusion of all examinations of witnesses pursuant to this

2-15  section, the magistrate shall immediately hold the defendant to answer in

2-16  the district court.

2-17    Sec. 2.  NRS 171.196 is hereby amended to read as follows:

2-18    171.196  1.  If an offense is not triable in the justice’s court, the

2-19  defendant must not be called upon to plead. [If] Except as otherwise

2-20  provided in section 1 of this act, if the defendant waives the preliminary

2-21  examination, the magistrate shall immediately hold him to answer in the

2-22  district court.

2-23    2.  If the defendant does not waive the preliminary examination, the

2-24  magistrate shall hear the evidence within 15 days, unless for good cause

2-25  shown he extends such time. Unless the defendant waives counsel,

2-26  reasonable time must be allowed for counsel to appear.

2-27    3.  Except as otherwise provided in this subsection, if the magistrate

2-28  postpones the preliminary examination at the request of a party, the

2-29  magistrate may order that party to pay all or part of the costs and fees

2-30  expended to have a witness attend the preliminary examination. The

2-31  magistrate shall not require a party who requested the postponement of the

2-32  preliminary examination to pay for the costs and fees of a witness if:

2-33    (a) It was not reasonably necessary for the witness to attend the

2-34  preliminary examination; or

2-35    (b) The magistrate ordered the extension pursuant to subsection 4.

2-36    4.  If application is made for the appointment of counsel for an indigent

2-37  defendant, the magistrate shall postpone the preliminary examination until:

2-38    (a) The application has been granted or denied; and

2-39    (b) If the application is granted, the attorney appointed or the public

2-40  defender has had reasonable time to appear.

2-41    5.  The defendant may cross-examine witnesses against him and may

2-42  introduce evidence in his own behalf.

 

2-43  H