Senate Bill No. 32–Senator Care

Prefiled January 22, 2001

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Referred to Committee on Judiciary

SUMMARY—Allows witness to testify at preliminary examination or before grand jury through use of audiovisual technology under certain circumstances. (BDR 14‑637)

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.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to proceedings; allowing a witness to testify at a preliminary examination or before the grand jury through the use of audiovisual technology 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. Chapter 171 of NRS is hereby amended by adding thereto a

1-2 new section to read as follows:

1-3 1. Upon the request of a party, the magistrate may allow a witness to

1-4 testify at the preliminary examination through the use of audiovisual

1-5 technology in accordance with the provisions of this section.

1-6 2. Audiovisual technology used pursuant to this section must ensure

1-7 that the witness may be:

1-8 (a) Heard and seen; and

1-9 (b) Examined and cross-examined.

1-10 3. As used in this section, “audiovisual technology” includes, without

1-11 limitation, closed-circuit video and videoconferencing.

1-12 Sec. 2. Chapter 172 of NRS is hereby amended by adding thereto a

1-13 new section to read as follows:

1-14 1. Upon the request of the district attorney, the district judge

1-15 supervising the proceedings of the grand jury may allow a witness to

1-16 testify before the grand jury through the use of audiovisual technology in

1-17 accordance with the provisions of this section.

1-18 2. Audiovisual technology used pursuant to this section must ensure

1-19 that the witness may be:

2-1 (a) Heard and seen; and

2-2 (b) Examined.

2-3 3. As used in this section, “audiovisual technology” includes, without

2-4 limitation, closed-circuit video and videoconferencing.

2-5 Sec. 3. The amendatory provisions of this act apply to any criminal

2-6 offense that is the subject of a preliminary examination or grand jury

2-7 proceeding commenced on or after the effective date of this act, regardless

2-8 of when the offense was committed.

2-9 Sec. 4. This act becomes effective upon passage and approval.

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