(Reprinted with amendments adopted on April 18, 2025)
FIRST REPRINT S.B. 341
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SENATE BILL NO. 341–SENATOR OHRENSCHALL
MARCH 12, 2025
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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.
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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
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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
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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