Senate Bill No. 32–Senator Care

 

CHAPTER..........

 

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:

 

   Section 1. Chapter 171 of NRS is hereby amended by adding thereto a

 new section to read as follows:

   1.  If a witness resides more than 500 miles from the place of a

 preliminary examination or is unable to attend the preliminary

 examination because of his medical condition, a party may, not later

 than 14 days before the preliminary examination, file a request that the

 magistrate allow the witness to testify at the preliminary examination

 through the use of audiovisual technology. A party who requests that the

 magistrate allow a witness to testify through the use of audiovisual

 technology shall provide written notice of the request to the opposing

 party at or before the time of filing the request.

   2.  Not later than 7 days after receiving notice of a request that the

 magistrate allow a witness to testify at the preliminary examination

 through the use of audiovisual technology, the opposing party may file

 an objection to the request. If the opposing party fails to file a timely

 objection to the request, the opposing party shall be deemed to have

 consented to the granting of the request.

   3.  Regardless of whether or not the opposing party files an objection

 to a request that the magistrate allow a witness to testify at the

 preliminary examination through the use of audiovisual technology, the

 magistrate may allow the witness to testify at the preliminary

 examination through the use of audiovisual technology only if the

 magistrate finds that good cause exists to grant the request based upon

 the specific facts and circumstances of the case.

   4.  If the magistrate allows a witness to testify at the preliminary

 examination through the use of audiovisual technology:

   (a) The testimony of the witness must be:

     (1) Taken by a certified videographer who is in the physical

 presence of the witness. The certified videographer shall sign a written

 declaration, on a form provided by the magistrate, which states that the

 witness does not have in his possession any notes or other materials to

 assist in his testimony.

     (2) Recorded and preserved through the use of a videotape or other

 means of audiovisual recording technology.

     (3) Transcribed by a certified court reporter.

   (b) Before giving his testimony, the witness must be sworn and must

 sign a written declaration, on a form provided by the magistrate, which

 acknowledges that the witness understands that he is subject to the

 jurisdiction of the courts of this state and may be subject to criminal

 prosecution for the commission of any crime in connection with his

 testimony, including, without limitation, perjury, and that he consents to

 such jurisdiction.

   (c) During the preliminary examination, the witness must not be

asked to identify the defendant, but the witness may be asked to testify

 regarding the facts and circumstances surrounding any previous

 identification of the defendant.

   (d) The original recorded testimony of the witness must be filed with

 the district court, and copies of the recorded testimony of the witness

 must be provided to each party.

   (e) The testimony of the witness may not be used by any party upon

 the trial of the cause or in any proceeding therein in lieu of the direct

 testimony of the witness, but the court may allow the testimony of the

 witness to be used for any other lawful purpose.

   5.  Audiovisual technology used pursuant to this section must ensure

 that the witness may be:

   (a) Clearly heard and seen; and

   (b) Examined and cross-examined.

   6.  As used in this section, “audiovisual technology” includes, without

 limitation, closed-circuit video and videoconferencing.

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

 new section to read as follows:

   1.  If a witness resides more than 500 miles from the place of a grand

 jury proceeding or is unable to attend the grand jury proceeding because

 of his medical condition, upon the request of the district attorney, the

 district judge supervising the proceedings of the grand jury may allow a

 witness to testify before the grand jury through the use of audiovisual

 technology.

   2.  The district judge supervising the proceedings of the grand jury

 may allow a witness to testify before the grand jury through the use of

 audiovisual technology only if the district judge finds that good cause

 exists to grant the request based upon the specific facts and

 circumstances of the grand jury proceeding.

   3.  If the district judge supervising the proceedings of the grand jury

 allows a witness to testify at the grand jury proceeding through the use

 of audiovisual technology:

   (a) The testimony of the witness must be:

     (1) Taken by a certified videographer who is in the physical

 presence of the witness. The certified videographer shall sign a written

 declaration, on a form provided by the district judge, which states that

 the witness does not have in his possession any notes or other materials

 to assist in his testimony.

     (2) Recorded and preserved through the use of a videotape or other

 means of audiovisual recording technology.

     (3) Transcribed by a certified court reporter appointed pursuant to

 NRS 172.215 in accordance with the provisions of NRS 172.225.

   (b) Before giving his testimony, the witness must be sworn and must

 sign a written declaration, on a form provided by the district judge,

 which acknowledges that the witness understands that he is subject to

 the jurisdiction of the courts of this state and may be subject to criminal

 prosecution for the commission of any crime in connection with his

 testimony, including, without limitation, perjury, and that he consents to

 such jurisdiction.

   (c) The original recorded testimony of the witness must be delivered to

the certified court reporter.

   (d) The testimony of the witness may not be used by any party upon

 the trial of the cause or in any proceeding therein in lieu of the direct

 testimony of the witness, but the court may allow the testimony of the

 witness to be used for any other lawful purpose.

   4.  Audiovisual technology used pursuant to this section must ensure

 that the witness may be:

   (a) Clearly heard and seen; and

   (b) Examined.

   5.  As used in this section, “audiovisual technology” includes, without

 limitation, closed-circuit video and videoconferencing.

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

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

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

 of when the offense was committed.

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

 

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