AB 422 — Revises provisions governing criminal procedure. (BDR 14-1096)

(ReprintedAssembly withBill amendmentsNo. adopted on May 24, 2019) THIRD REPRINT A.B.

422422–Committee Aon SSEMBLYJudiciary BCHAPTER.......... ILLN O.

422–COMMITTEE ON JUDICIARY M ARCH 25, 2019 ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions governing criminal procedure.

(BDR 14-1096) FISCAL NOTE:

Effect on Local Government:

No.

Effect on the State:

No.

~ EXPLANATION – Matter in bolded italics is new;

matter between brackets [omitted material] is material to be omitted.

(NRS 178.494) Section 2 of this bill prescribes certain requirements for making a determination requiringwhether thea material witness toshould appearbe beforedetained aor magistratecontinue asto soonbe asdetained, practicableincluding but not later than 72 hours after being detained.

(NRS 50.205) Upon such an arrest,arrest,a witness section 3 of this bill requires a court or officer to appoint an attorney to represent the witness.

-EXPLANATION *AB422_R3* – 2Matter –in THEbolded PEOPLEitalics OFis THEnew; STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

matter between brackets [omitted material] is material to be omitted.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

- 80th Session (2019) – 2 – (b) Order the person’s release if the person has been detained for an unreasonable length of time;

(a) The amount of bail required to be given by the material witness should be modified;

andandred to be given by the material (b) The detention of the material witness should continue.

(a) Must be brought before a judge or magistrate, as soon as practicable, but not later than 24 hours after the beginning of the det(b)detention: May be detained or continue detention pursuant to a determination by telephone;

(b) May be detained or continue detention pursuant to a determination by telephone;

(a) Set a schedule for the periodic review of whether the amount of bail required should be modified and whether detention should continuecon(b) [.]Schedule ;the case in which the material witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

and5. (b) Schedule the case in which the material witness will testify to take place as soon as possible if substantial rights of the defendant are not prejudiced.

- *AB422_R3* – 3 – 5.

In case of failure of a witness to attend, the court or officer issuing the subpoena, upon proof of the service thereof and of the failure of the witness, may issue a warrant to the sheriff of the - 80th Session (2019) – 3 – county to arrest the witness and bring the witness before the court or officer where the attendance of the witness was required.

A person detained as a witness pursuant to this section who is a(a) victimMust ofbe domesticbrought violencebefore the court or sexualofficer assault:as soon as practicable but not later than 24 hours after the beginning of the detention;

(a) Must be brought before the court or officer as soon as practicable but not later than 24 hours after the beginning of the detention;

-(a) *AB422_R3*“Domestic –violence” 4 – described in NRS 33.018.e” means the commission of any act (b)described “Sexual assault” has the meaning ascribed to it in NRS 49.2543.33.018.

H(b) -“Sexual *AB422_R3*assault” has the meaning ascribed to it in NRS 49.2543.

~~~~~ 19 - 80th Session (2019)