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

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) require the State to file, together with the declaration, a notice stating whether it is necessary for the witness to testify at the preliminary examination or grand jury proceeding through the use of audiovisual technology because the witness resides more than 100 miles from the place of the preliminary examination or grand jury proceeding or is unable to attend the preliminary examination or grand jury proceeding because of a medical condition. Section 3 of this bill provides 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.