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

2025 Session (83rd) A SB341 R1 551

BAW - Date: 4/22/2025

S.B. No. 341—Revises provisions relating to criminal procedure. (BDR 14-119)
Page 1 of 5 *A_SB341_R1_551*
Amendment No. 551

Senate Amendment to Senate Bill No. 341 First Reprint (BDR 14-119)
Proposed by: Senator Ohrenschall
Amends: Summary: No Title: No Preamble: No Joint Sponsorship: No Digest: Yes

ASSEMBLY ACTION Initial and Date | SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not | Concurred In Not
Receded Not | Receded Not
EXPLANATION: Matter in (1) blue bold italics is new language in the original
bill; (2) variations of green bold underlining is language proposed to be added in
this amend ment; ( 3) red strikethrough is deleted language in the original bill; ( 4)
purple double strikethrough is language proposed to be deleted in this amendment;
(5) orange double underlining is deleted language in the original bill proposed to be
retained in this amendment.

Senate Amendment No. 551 to Senate Bill No. 341 First Reprint Page 3

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 jury 1
proceeding through the use of audiovisual technology if: (1) the witness resides more than 100 2
miles from the place of the preliminary examination or grand jury proceeding; (2) the witness 3
is unable to attend the preliminary examination or grand jury proceeding because of a medical 4
condition; or (3) good cause otherwise exists. Existing law also provides that if a witness 5
testifies at a preliminary examination or grand jury proceedi ng through the use of audiovisual 6
technology, before giving testimony, the witness must be sworn and must sign a written 7
declaration which acknowledges that the witness: (1) understands that he or she is subject to 8
the jurisdiction of the courts of this St ate and may be subject to criminal prosecution for the 9
commission of any crime in connection with his or her testimony, including, without 10
limitation, perjury; and (2) consents to such jurisdiction. (NRS 171.1975, 172.138) 11
Sections 1 and 2 of this bill: ( 1) [remove the authorization for a witness to testify at a 12
preliminary examination or grand jury proceeding through the use of audiovisual technology 13
on the ground that good cause otherwise exists to allow the witness to so testify; (2) ] require 14
the witness to sign a sworn, written declaration before giving testimony ; [and the State to file 15
the declaration with the court not later than 48 hours before the preliminary examination or 16
grand jury proceeding ; and (3)] (2) require the State to [file,] provide to the defendant and 17
the court, together with the declaration, a notice stating whether it is necessary for the witness 18
to testify at the preliminary examination or grand jury proceeding through the use of 19
audiovisual technology because the witness resides more than 100 miles from the place of the 20
preliminary examination or grand jury proceeding [or] , the witness is unable to attend the 21
preliminary examination or grand jury proceeding because of a medical condition [.] or good 22
cause otherwise exist s to allow the witness to testify at the preliminary examination or 23
grand jury proceeding through the use of audiovisual technology ; and (3) require the 24
State to provide the declaration and notice to the defendant and the court not later than 25
48 hours befo re the preliminary examination or grand jury proceeding, unless it is not 26
possible to do so because of exigent circumstances, in which case the State is required to 27
provide the declaration and notice to the defendant and the court as soon as practicable. 28
Section 3 of this bill provides that the amendatory provisions of this bill apply to any 29
offense that is the subject of a preliminary examination or grand jury proceeding commenced 30
on or after October 1, 2025, regardless of when the offense is committed. 31

Senate Amendment No. 551 to Senate Bill No. 341 First Reprint Page 4

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 follows: 1
171.1975 1. If a witness resides more than 100 miles from the place of a 2
preliminary examination or is unable to attend the preliminary examination because 3
of a medical condition, or if good cause otherwise exists, the magistrate must allow 4
the witness to testify at t he preliminary examination through the use of audiovisual 5
technology. 6
2. If a witness testifies at the preliminary examination through the use of 7
audiovisual technology: 8
(a) The testimony of the witness must be transcribed by a certified court 9
reporter; [and] 10
(b) Before giving testimony, the witness must [be sworn and must ] sign a 11
sworn, written declaration, on a form provided by the magistrate, which 12
acknowledges that the witness understands that he or she is subject to the 13
jurisdiction of the courts of this State and may be subject to criminal prosecution 14
for the commission of any crime in connection with his or her testimony, including, 15
without limitation, perjury, and th at the witness consents to such jurisdiction [.] ; 16
and 17
(c) [Not] Except as otherwise provided in this paragraph, not later than 48 18
hours before the time set for the preliminary examination , the State must [file 19
with] provide to the defendant and the court both the declaration and a notice 20
stating whether it is necessary for the witness to testify at the preliminary 21
examination through the use of audiovisual technology because : [the witness:] 22
(1) [Resides] The witness resides more than 100 miles from the place of 23
the preliminary examination; [or] 24
(2) [Is] The witness is unable to attend the preliminary examination 25
because of a medical condition [.] ; or 26
(3) Good cause otherwise exists to allow the witness to testify at the 27
preliminary examination through the use of audiovisual technology. 28
 If it is not possible for the State to provide the declaration and notice to the 29
defendant and the court not later than 48 hours before the time set for the 30
preliminary examination because of exigent circumstances , the State must 31
provide the declaration and notice to the defendant and the court as soon as 32
practicable. 33
3. Audiovisual technology used pursuant to this section must ensure that the 34
witness may be: 35
(a) Clearly heard and seen; and 36
(b) Examined and cross-examined. 37
4. As used in this section, “audiovisual technology” includes, without 38
limitation, closed-circuit video and videoconferencing. 39
Sec. 2. NRS 172.138 is hereby amended to read as follows: 40
172.138 1. If a witness resides more than 100 miles from the place of a 41
grand jury proceeding or is unable to attend the grand jury proceeding because of a 42
medical condition, or if good cause otherwise exists, the district judge supervising 43
the proceedings of the grand jury must allow a witness to testify before the grand 44
jury through the use of audiovisual technology. 45
2. If a witness testifies at the grand jury proceeding through the use of 46
audiovisual technology: 47

Senate Amendment No. 551 to Senate Bill No. 341 First Reprint Page 5

(a) The testimony of the wi tness must be transcribed by a certified court 1
reporter appointed pursuant to NRS 172.215 in accordance with the provisions of 2
NRS 172.225; [and] 3
(b) Before giving testimony, the witness must [be sworn and must ] sign a 4
sworn, written declaration, on a fo rm provided by the district judge, which 5
acknowledges that the witness understands that he or she is subject to the 6
jurisdiction of the courts of this State and may be subject to criminal prosecution 7
for the commission of any crime in connection with his o r her testimony, including, 8
without limitation, perjury, and that the witness consents to such jurisdiction [.] ; 9
and 10
(c) [Not] Except as otherwise provided in this paragraph, not later than 48 11
hours before the time set for the grand jury proceeding, the State must [file with] 12
provide to the defendant and the court both the declaration and a notice stating 13
whether it is necessary for the witness to testify at the grand jury proceeding 14
through the use of audiovisual technology because : [the witness:] 15
(1) [Resides] The witness resides more than 100 miles from the place of 16
the grand jury proceeding; [or] 17
(2) [Is] The witness is unable to attend the grand jury proceeding 18
because of a medical condition [.] ; or 19
(3) Good cause otherwise exists to allow the witness to testify at the grand 20
jury proceeding through the use of audiovisual technology. 21
 If it is not possible for the State to provide the declaration and notice to the 22
defendant and the court not later than 48 hours before the time set for the grand 23
jury proceeding because of exigent circumstances, the State must provide the 24
declaration and notice to the defendant and the court as soon as practicable. 25
3. Audiovisual technology used pursuant to this section must ensure that the 26
witness may be: 27
(a) Clearly heard and seen; and 28
(b) Examined. 29
4. As used in this section, “audiovisual technology” includes, without 30
limitation, closed-circuit video and videoconferencing. 31
Sec. 3. The amendatory provisions of this act apply to any offense that is the 32
subject of a preliminary examination or grand jury proceeding commenced on or 33
after October 1, 2025, regardless of when the offense is committed. 34