Existing law allows a witness to testify at a preliminary examination or grand jury proceeding through the use of audiovisual technology if: (1) the witness resides more than 100 miles from the place of the preliminary examination or grand jury proceeding; (2) the witness is unable to attend the preliminary examination or grand jury proceeding because of a medical condition; or (3) good cause otherwise exists. Existing law also provides that if a witness testifies at a preliminary examination or grand jury proceeding through the use of audiovisual technology, before giving testimony, the witness must be sworn and must sign a written declaration which acknowledges that the witness: (1) understands that he or she 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 or her testimony, including, without limitation, perjury; and (2) consents to such jurisdiction. (NRS 171.1975, 172.138) Sections 1 and 2 of this bill: (1) remove the authorization for a witness to testify at a preliminary examination or grand jury proceeding through the use of audiovisual technology on the ground that good cause otherwise exists to allow the witness to so testify; (2) require the witness to sign a sworn, written declaration at least 10 days before giving testimony and the State to file the declaration with the court as soon as practicable but not later than 5 days before the preliminary examination or grand jury proceeding; and (3) require the State to file, together with the declaration, a notice stating the reason why it is necessary for the witness to testify at the preliminary examination or grand jury proceeding through the use of audiovisual technology. Section 3 of this bill clarifies that the amendatory provisions of this bill apply to any offense that is the subject of a preliminary examination or grand jury proceeding commenced on or after October 1, 2025, regardless of when the offense is committed.

Statutes affected:
As Introduced: 171.1975, 172.138
BDR: 171.1975, 172.138