SB341

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 before giving testimony and the State to file the declaration with the court not later than 48 hours before the preliminary examination or grand jury proceeding; and (3) requir