SB341 - Revises provisions relating to criminal procedure. (BDR 14-119)

(Reprinted with amendments adopted on April 18, 2025) FIRST REPRINT S.B. 341 - *SB341_R1* SENATE BILL NO. 341–SENATOR OHRENSCHALL MARCH 12, 2025 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to criminal procedure. (BDR 14-119) FISCAL NOTE: Effect on Local Government: May have Fiscal Impact. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to criminal procedure; revising provisions relating to the testimony of a witness given through the use of audiovisual technology at a preliminary examination or grand jury proceeding; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Existing law allows a witness to testify at a preliminary examination or grand 1 jury proceeding through the use of audiovisual technology if: (1) the witness 2 resides more than 100 miles from the place of the preliminary examination or grand 3 jury proceeding; (2) the witness is unable to attend the preliminary examination or 4 grand jury proceeding because of a medical condition; or (3) good cause otherwise 5 exists. Existing law also provides that if a witness testifies at a preliminary 6 examination or grand jury proceeding through the use of audiovisual technology, 7 before giving testimony, the witness must be sworn and must sign a written 8 declaration which acknowledges that the witness: (1) understands that he or she is 9 subject to the jurisdiction of the courts of this State and may be subject to criminal 10 prosecution for the commission of any crime in connection with his or her 11 testimony, including, without limitation, perjury; and (2) consents to such 12 jurisdiction. (NRS 171.1975, 172.138) 13 Sections 1 and 2 of this bill: (1) remove the authorization for a witness to 14 testify at a preliminary examination or grand jury proceeding through the use of 15 audiovisual technology on the ground that good cause otherwise exists to allow the 16 witness to so testify; (2) require the witness to sign a sworn, written declaration 17 before giving testimony and the State to file the declaration with the court not later 18 than 48 hours before the preliminary examination or grand jury proceeding; and (3) 19 require the State to file, together with the declaration, a notice stating whether it is 20 necessary for the witness to testify at the preliminary examination or grand jury 21 proceeding through the use of audiovisual technology because the witness resides 22 more than 100 miles from the place of the preliminary examination or grand jury 23 – 2 – - *SB341_R1* proceeding or is unable to attend the preliminary examination or grand jury 24 proceeding because of a medical condition. 25 Section 3 of this bill provides that the amendatory provisions of this bill apply 26 to any offense that is the subject of a preliminary examination or grand jury 27 proceeding commenced on or after October 1, 2025, regardless of when the offense 28 is committed. 29 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 171.1975 is hereby amended to read as 1 follows: 2 171.1975 1. If a witness resides more than 100 miles from 3 the place of a preliminary examination or is unable to attend the 4 preliminary examination because of a medical condition, [or if good 5 cause otherwise exists,] the magistrate must allow the witness to 6 testify at the preliminary examination through the use of audiovisual 7 technology. 8 2. If a witness testifies at the preliminary examination through 9 the use of audiovisual technology: 10 (a) The testimony of the witness must be transcribed by a 11 certified court reporter; [and] 12 (b) Before giving testimony, the witness must [be sworn and 13 must] sign a sworn, written declaration, on a form provided by the 14 magistrate, which acknowledges that the witness understands that he 15 or she is subject to the jurisdiction of the courts of this State and 16 may be subject to criminal prosecution for the commission of any 17 crime in connection with his or her testimony, including, without 18 limitation, perjury, and that the witness consents to such jurisdiction 19 [.] ; and 20 (c) Not later than 48 hours before the time set for the 21 preliminary examination, the State must file with the court both 22 the declaration and a notice stating whether it is necessary for the 23 witness to testify at the preliminary examination through the use 24 of audiovisual technology because the witness: 25 (1) Resides more than 100 miles from the place of the 26 preliminary examination; or 27 (2) Is unable to attend the preliminary examination 28 because of a medical condition. 29 3. Audiovisual technology used pursuant to this section must 30 ensure that the witness may be: 31 (a) Clearly heard and seen; and 32 (b) Examined and cross-examined. 33 4. As used in this section, “audiovisual technology” includes, 34 without limitation, closed-circuit video and videoconferencing. 35 – 3 – - *SB341_R1* Sec. 2. NRS 172.138 is hereby amended to read as follows: 1 172.138 1. If a witness resides more than 100 miles from the 2 place of a grand jury proceeding or is unable to attend the grand jury 3 proceeding because of a medical condition, [or if good cause 4 otherwise exists,] the district judge supervising the proceedings of 5 the grand jury must allow a witness to testify before the grand jury 6 through the use of audiovisual technology. 7 2. If a witness testifies at the grand jury proceeding through the 8 use of audiovisual technology: 9 (a) The testimony of the witness must be transcribed by a 10 certified court reporter appointed pursuant to NRS 172.215 in 11 accordance with the provisions of NRS 172.225; [and] 12 (b) Before giving testimony, the witness must [be sworn and 13 must] sign a sworn, written declaration, on a form provided by the 14 district judge, which acknowledges that the witness understands that 15 he or she is subject to the jurisdiction of the courts of this State and 16 may be subject to criminal prosecution for the commission of any 17 crime in connection with his or her testimony, including, without 18 limitation, perjury, and that the witness consents to such jurisdiction 19 [.] ; and 20 (c) Not later than 48 hours before the time set for the grand 21 jury proceeding, the State must file with the court both the 22 declaration and a notice stating whether it is necessary for the 23 witness to testify at the grand jury proceeding through the use of 24 audiovisual technology because the witness: 25 (1) Resides more than 100 miles from the place of the 26 grand jury proceeding; or 27 (2) Is unable to attend the grand jury proceeding because 28 of a medical condition. 29 3. Audiovisual technology used pursuant to this section must 30 ensure that the witness may be: 31 (a) Clearly heard and seen; and 32 (b) Examined. 33 4. As used in this section, “audiovisual technology” includes, 34 without limitation, closed-circuit video and videoconferencing. 35 Sec. 3. The amendatory provisions of this act apply to any 36 offense that is the subject of a preliminary examination or grand jury 37 proceeding commenced on or after October 1, 2025, regardless of 38 when the offense is committed. 39 H