(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 32–Senator Care

 

Prefiled January 22, 2001

 

____________

 

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.

 

~

 

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

 

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

1-4  preliminary examination or is unable to attend the preliminary

1-5  examination because of his medical condition, a party may, not later

1-6  than 14 days before the preliminary examination, file a request that the

1-7  magistrate allow the witness to testify at the preliminary examination

1-8  through the use of audiovisual technology. A party who requests that the

1-9  magistrate allow a witness to testify through the use of audiovisual

1-10  technology shall provide written notice of the request to the opposing

1-11  party at or before the time of filing the request.

1-12  2.  Not later than 7 days after receiving notice of a request that the

1-13  magistrate allow a witness to testify at the preliminary examination

1-14  through the use of audiovisual technology, the opposing party may file

1-15  an objection to the request. If the opposing party fails to file a timely

1-16  objection to the request, the opposing party shall be deemed to have

1-17  consented to the granting of the request.

1-18  3.  Regardless of whether or not the opposing party files an objection

1-19  to a request that the magistrate allow a witness to testify at the

1-20  preliminary examination through the use of audiovisual technology, the

1-21  magistrate may allow the witness to testify at the preliminary

2-1  examination through the use of audiovisual technology only if the

2-2  magistrate finds that good cause exists to grant the request based upon

2-3  the specific facts and circumstances of the case.

2-4    4.  If the magistrate allows a witness to testify at the preliminary

2-5  examination through the use of audiovisual technology:

2-6    (a) The testimony of the witness must be:

2-7       (1) Taken by a certified videographer who is in the physical

2-8  presence of the witness. The certified videographer shall sign a written

2-9  declaration, on a form provided by the magistrate, which states that the

2-10  witness does not have in his possession any notes or other materials to

2-11  assist in his testimony.

2-12      (2) Recorded and preserved through the use of a videotape or other

2-13  means of audiovisual recording technology.

2-14      (3) Transcribed by a certified court reporter.

2-15  (b) Before giving his testimony, the witness must be sworn and must

2-16  sign a written declaration, on a form provided by the magistrate, which

2-17  acknowledges that the witness understands that he is subject to the

2-18  jurisdiction of the courts of this state and may be subject to criminal

2-19  prosecution for the commission of any crime in connection with his

2-20  testimony, including, without limitation, perjury, and that he consents to

2-21  such jurisdiction.

2-22  (c) During the preliminary examination, the witness must not be

2-23  asked to identify the defendant, but the witness may be asked to testify

2-24  regarding the facts and circumstances surrounding any previous

2-25  identification of the defendant.

2-26  (d) The original recorded testimony of the witness must be filed with

2-27  the district court, and copies of the recorded testimony of the witness

2-28  must be provided to each party.

2-29  (e) The testimony of the witness may not be used by any party upon

2-30  the trial of the cause or in any proceeding therein in lieu of the direct

2-31  testimony of the witness, but the court may allow the testimony of the

2-32  witness to be used for any other lawful purpose.

2-33  5.  Audiovisual technology used pursuant to this section must ensure

2-34  that the witness may be:

2-35  (a) Clearly heard and seen; and

2-36  (b) Examined and cross-examined.

2-37  6.  As used in this section, “audiovisual technology” includes, without

2-38  limitation, closed-circuit video and videoconferencing.

2-39  Sec. 2.  Chapter 172 of NRS is hereby amended by adding thereto a

2-40  new section to read as follows:

2-41  1.  If a witness resides more than 500 miles from the place of a grand

2-42  jury proceeding or is unable to attend the grand jury proceeding because

2-43  of his medical condition, upon the request of the district attorney, the

2-44  district judge supervising the proceedings of the grand jury may allow a

2-45  witness to testify before the grand jury through the use of audiovisual

2-46  technology.

2-47  2.  The district judge supervising the proceedings of the grand jury

2-48  may allow a witness to testify before the grand jury through the use of

2-49  audiovisual technology only if the district judge finds that good cause

3-1  exists to grant the request based upon the specific facts and

3-2  circumstances of the grand jury proceeding.

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

3-4  allows a witness to testify at the grand jury proceeding through the use of

3-5  audiovisual technology:

3-6    (a) The testimony of the witness must be:

3-7       (1) Taken by a certified videographer who is in the physical

3-8  presence of the witness. The certified videographer shall sign a written

3-9  declaration, on a form provided by the district judge, which states that

3-10  the witness does not have in his possession any notes or other materials

3-11  to assist in his testimony.

3-12      (2) Recorded and preserved through the use of a videotape or other

3-13  means of audiovisual recording technology.

3-14      (3) Transcribed by a certified court reporter appointed pursuant to

3-15  NRS 172.215 in accordance with the provisions of NRS 172.225.

3-16  (b) Before giving his testimony, the witness must be sworn and must

3-17  sign a written declaration, on a form provided by the district judge, which

3-18  acknowledges that the witness understands that he is subject to the

3-19  jurisdiction of the courts of this state and may be subject to criminal

3-20  prosecution for the commission of any crime in connection with his

3-21  testimony, including, without limitation, perjury, and that he consents to

3-22  such jurisdiction.

3-23  (c) The original recorded testimony of the witness must be delivered to

3-24  the certified court reporter.

3-25  (d) The testimony of the witness may not be used by any party upon

3-26  the trial of the cause or in any proceeding therein in lieu of the direct

3-27  testimony of the witness, but the court may allow the testimony of the

3-28  witness to be used for any other lawful purpose.

3-29  4.  Audiovisual technology used pursuant to this section must ensure

3-30  that the witness may be:

3-31  (a) Clearly heard and seen; and

3-32  (b) Examined.

3-33  5.  As used in this section, “audiovisual technology” includes, without

3-34  limitation, closed-circuit video and videoconferencing.

3-35  Sec. 3.  The amendatory provisions of this act apply to any criminal

3-36  offense that is the subject of a preliminary examination or grand jury

3-37  proceeding commenced on or after the effective date of this act, regardless

3-38  of when the offense was committed.

3-39  Sec. 4.  This act becomes effective upon passage and approval.

 

3-40  H