2005 Nevada Revised Statutes - Chapter 172 — Proceedings After Commitment and Before Indictment

CHAPTER 172 - PROCEEDINGS AFTER COMMITMENTAND BEFORE INDICTMENT

GENERAL PROVISIONS

NRS 172.005 Definitions.

NRS 172.015 Prosecutionof public offenses.

NRS 172.025 Prosecutionby accusation.

NRS 172.035 Accusations,indictments and informations to be found or filed in district court.

FORMATION OF GRAND JURY

NRS 172.045 Impanelinggrand juries.

NRS 172.047 Grandjury impaneled for specific limited purpose.

NRS 172.055 Challengesto grand jury and to grand jurors: How made and tried.

NRS 172.065 Motionto dismiss presentment or indictment based on objections to grand jurors.

NRS 172.075 Officersof grand jury.

NRS 172.085 Oathof grand jurors.

NRS 172.095 Chargesto be given to grand jury by court; district attorney to inform grand jury ofspecific elements of public offense considered as basis of indictment.

NRS 172.097 Supervisionof grand jury by impaneling judge; limitations on and review of expenditures;monthly statement by county treasurer.

POWERS AND DUTIES OF GRAND JURY

NRS 172.105 Powers.

NRS 172.107 Limitationson use of grand jury.

NRS 172.135 Evidencereceivable before grand jury.

NRS 172.137 Useof affidavit before grand jury: When permitted; notice by district attorney;circumstances under which district attorney must produce person who signedaffidavit; continuances.

NRS 172.138 Useof audiovisual technology to present live testimony before grand jury: Whenpermitted; requirements for taking and preserving testimony; limitations onsubsequent use.

NRS 172.139 Districtattorney and grand jury prohibited from questioning attorney regarding mattershe learned for client or issuing subpoena for work done by attorney for client.

NRS 172.145 Grandjury required to hear and district attorney required to submit known evidencewhich will explain away charge; invitations and issuance of process forwitnesses.

NRS 172.155 Degreeof evidence to warrant indictment; objection.

NRS 172.165 Grandjuror must declare knowledge as to commission of public offense; investigation.

NRS 172.175 Mattersinto which grand jury shall and may inquire.

NRS 172.185 Grandjury entitled to enter jails and examine records.

NRS 172.195 Issuanceof subpoenas by grand jury; subpoenaed witnesses must be informed of generalnature of inquiry.

NRS 172.197 Procedurewhen person subpoenaed to appear before grand jury intends to assert hisconstitutional privilege against self-incrimination.

NRS 172.205 Powerto engage services of skilled persons.

NRS 172.215 Certifiedcourt reporter: Appointment; compensation; material required for and prohibitedfrom inclusion in notes.

NRS 172.225 Transcripts:Preparation; public record.

NRS 172.235 Whomay be present when grand jury is in session.

NRS 172.239 Legalcounsel for certain persons who appear before grand jury.

NRS 172.241 Rightof certain persons to appear before grand jury; notice of consideration ofindictment; withholding of notice.

NRS 172.245 Secrecyof proceedings of grand jury; permitted disclosures; penalty.

NRS 172.255 Findingand return of presentment or indictment; effect of failure to indict.

NRS 172.259 Publicationof fact that no indictment was issued by grand jury.

NRS 172.265 Namesof witnesses inserted or endorsed at foot of indictment.

NRS 172.267 Reportof grand jury: Scope; purpose; limitations.

NRS 172.269 Reportof grand jury: Inclusion of recommendations to public officers or agencies;criticism must be constructive; positive statement of no indictable activityrequired, if applicable.

NRS 172.271 Reportof grand jury: Preliminary review by court; notification of identified persons;procedure to expunge improper material; filing and distribution.

MISCELLANEOUS PROVISIONS

NRS 172.275 Dischargeof grand jury; discharge or excuse of juror.

NRS 172.285 Warranton presentment.

NRS 172.295 Reviewby person of his own prior testimony before he testifies before grand juryagain.

NRS 172.305 Failureto disclose subject of grand jurys inquiry to defendant not cause fordismissal of subsequent presentment or indictment.

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GENERAL PROVISIONS

NRS 172.005 Definitions. As used in this chapter, unless the context otherwise requires:

1. An indictment is an accusation in writing,presented by a grand jury to a competent court, charging a person with a publicoffense.

2. A presentment is an informal statement in writing,by the grand jury, representing to the court that a public offense has beencommitted, which is triable within the district, and that there is reasonableground for believing that a particular person, named or described, hascommitted it.

(Added to NRS by 1967, 1409)(Substituted in revisionfor NRS 172.115 and 172.125)

NRS 172.015 Prosecutionof public offenses. Every public offense mustbe prosecuted by indictment or information, except:

1. Where proceedings are had for the removal of acivil officer.

2. Offenses arising in the militia when in actualservice in time of war, or which this State may keep, with the consent ofCongress, in time of peace.

3. Offenses tried in municipal or Justice Courts,which shall be prosecuted by complaint.

(Added to NRS by 1967, 1407; A 1969, 20)

NRS 172.025 Prosecutionby accusation. When proceedings are had forthe removal of district, county, municipal or township officers, they may becommenced by accusation, in writing, as provided in chapter283 of NRS.

(Added to NRS by 1967, 1407)

NRS 172.035 Accusations,indictments and informations to be found or filed in district court. All accusations, informations and indictments against district,county, municipal and township officers must be found or filed in the districtcourt.

(Added to NRS by 1967, 1408)

FORMATION OF GRAND JURY

NRS 172.045 Impanelinggrand juries. Grand juries shall be impaneledas provided in chapter 6 of NRS.

(Added to NRS by 1967, 1408)

NRS 172.047 Grandjury impaneled for specific limited purpose. Adistrict judge may impanel a grand jury to inquire into a specific limitedmatter among those set forth in NRS 172.175.In that case, the judge shall charge the grand jury as to its limited dutiesand give it such information as the judge deems necessary. A grand jury that isimpaneled for a specific limited purpose shall not inquire into matters notrelated to that purpose. A grand jury impaneled for a specific limited purposemay be discharged after the grand jury completes its investigation and submitsits report. If the grand jury has not completed its investigation and submittedits report within 1 year after it was impaneled, it shall, in a closed hearing,show cause to the judge why it should not be discharged. If the judgedetermines that it is in the public interest for the grand jury to continue itsinvestigation, the grand jury may continue for a period which does not exceed 1year.

(Added to NRS by 1985, 556)

NRS 172.055 Challengesto grand jury and to grand jurors: How made and tried.The district attorney or a defendant who has been held to answer in thedistrict court may challenge the array of jurors on the ground that the grandjury was not selected, drawn or summoned in accordance with law, and maychallenge an individual juror on the ground that the juror is not legallyqualified. Challenges may be oral or in writing and shall be tried by thecourt.

(Added to NRS by 1967, 1408)

NRS 172.065 Motionto dismiss presentment or indictment based on objections to grand jurors. A motion to dismiss the presentment or indictment may bebased on objections to the array or on the lack of legal qualification of anindividual juror, if not previously determined upon challenge. A presentment orindictment shall not be dismissed on the ground that one or more members of thegrand jury were not legally qualified if it appears from the record keptpursuant to NRS 172.075 that 12 or morejurors, after deducting the number not legally qualified, concurred in findingthe presentment or indictment.

(Added to NRS by 1967, 1408)

NRS 172.075 Officersof grand jury. The jury shall elect one of itsmembers to be foreman, another to be deputy foreman and a third to besecretary. The foreman shall have power to administer oaths and affirmationsand shall sign all presentments and indictments. The secretary shall keep arecord of the number of jurors concurring in the finding of every presentmentor indictment and shall file the record with the clerk of the court, but therecord shall not be made public except on order of the court. During theabsence of the foreman, the deputy foreman shall act as foreman, and if bothare absent, the jury shall elect a temporary foreman.

(Added to NRS by 1967, 1408)

NRS 172.085 Oathof grand jurors. The following oath must beadministered to the grand jury:

You, as grand jurors, willdiligently inquire into, and true presentment make, of all offenses against theState of Nevada committed or triable within this county, (or city, in the caseof Carson City) of which you shall have or can obtain legal evidence. You willkeep your own counsel, and that of your fellows and the Government, and willnot, except when required in the due course of judicial proceedings, disclosethe testimony of any witness examined before you, nor anything which you or anyother grand juror may have said, nor the manner in which you or any other grandjuror may have voted on any matter before you. You will present no personthrough malice, hatred, or ill will, nor leave any unpresented through fear,favor, or affection, or for any reward, or the promise or hope thereof; but inall your presentments you will present the truth, the whole truth, and nothingbut the truth, according to the best of your skill and understanding, so helpyou God.

(Added to NRS by 1967, 1408; A 1969, 316)

NRS 172.095 Chargesto be given to grand jury by court; district attorney to inform grand jury ofspecific elements of public offense considered as basis of indictment.

1. The grand jury being impaneled and sworn, must becharged by the court. In doing so, the court shall:

(a) Give the grand jurors such information as isrequired by law and any other information it deems proper regarding theirduties and any charges for public offenses returned to the court or likely tocome before the grand jury.

(b) Inform the grand jurors of the provisions of NRS 172.245 and the penalties for itsviolation.

(c) Give each regular and alternate grand juror a copyof the charges.

(d) Inform the grand jurors that the failure of aperson to exercise his right to testify as provided in NRS 172.241 must not be considered in theirdecision of whether or not to return an indictment.

2. Before seeking an indictment, or a series ofsimilar indictments, the district attorney shall inform the grand jurors of thespecific elements of any public offense which they may consider as the basis ofthe indictment or indictments.

(Added to NRS by 1967, 1408; A 1985, 554, 1028)

NRS 172.097 Supervisionof grand jury by impaneling judge; limitations on and review of expenditures;monthly statement by county treasurer.

1. The district judge impaneling a grand jury shallsupervise its proceedings.

2. The grand jury shall submit an itemized list of itsexpenditures no less often than every 3 months or a fraction thereof to thejudge who impaneled it.

3. The grand jury shall not spend money or incur adebt exceeding the amount of money budgeted for its use unless it first obtainsthe approval of the judge who impaneled it. The judge shall inform the board ofcounty commissioners of any expenditure or indebtedness he so approves.

4. The county treasurer shall provide to the grandjury a monthly statement of its expenditures for the preceding month and thebalance remaining of the money appropriated for its use.

(Added to NRS by 1985, 556)

POWERS AND DUTIES OF GRAND JURY

NRS 172.105 Powers. The grand jury may inquire into all public offensestriable in the district court or in a Justice Court, committed within theterritorial jurisdiction of the district court for which it is impaneled.

(Added to NRS by 1967, 1408)

NRS 172.107 Limitationson use of grand jury. A district attorneyshall not use a grand jury to discover tangible, documentary or testimonialevidence to assist in the prosecution of a defendant who has already beencharged with the public offense by indictment or information.

(Added to NRS by 1985, 1028)

NRS 172.135 Evidencereceivable before grand jury.

1. In the investigation of a charge, for the purposeof either presentment or indictment, the grand jury can receive no otherevidence than such as is given by witnesses produced and sworn before them orfurnished by legal documentary evidence or by the deposition of witnesses takenas provided in this title, except that the grand jury may receive any of thefollowing:

(a) An affidavit or declaration from an expert witnessor other person described in NRS 50.315in lieu of his personal testimony or deposition.

(b) An affidavit of an owner, possessor or occupant ofreal or personal property or other person described in NRS 172.137 in lieu of his personaltestimony or deposition.

2. The grand jury can receive none but legal evidence,and the best evidence in degree, to the exclusion of hearsay or secondaryevidence.

(Added to NRS by 1967, 1409; A 1975, 649; 1983, 1917;1993, 86, 549; 1999,164)

NRS 172.137 Useof affidavit before grand jury: When permitted; notice by district attorney;circumstances under which district attorney must produce person who signedaffidavit; continuances.

1. If a witness resides outside this State or morethan 100 miles from the place of a grand jury proceeding, his affidavit may beused at the proceeding if it is necessary for the district attorney toestablish as an element of any offense that:

(a) The witness was the owner, possessor or occupant ofreal or personal property; and

(b) The defendant did not have the permission of thewitness to enter, occupy, possess or control the real or personal property ofthe witness.

2. If afinancial institution does not maintain any principal or branch office withinthis State or if a financial institution that maintains a principal or branch officewithin this State does not maintain any such office within 100 miles of theplace of a grand jury proceeding, the affidavit of a custodian of the recordsof the financial institution or the affidavit of any other qualified person ofthe financial institution may be used at the proceeding if it is necessary forthe district attorney to establish as an element of any offense that:

(a) When acheck or draft naming the financial institution as drawee was drawn or passed,the account or purported account upon which the check or draft was drawn didnot exist, was closed or held insufficient money, property or credit to pay thecheck or draft in full upon its presentation; or

(b) When a check or draft naming the financialinstitution as drawee was presented for payment to the financial institution,the account or purported account upon which the check or draft was drawn didnot exist, was closed or held insufficient money, property or credit to pay thecheck or draft in full.

3. If the defendant has been subpoenaed to appearbefore the grand jury or if the defendant has requested to testify pursuant to NRS 172.241, the district attorney shallprovide either written or oral notice to the defendant, within a reasonabletime before the scheduled proceeding of the grand jury, that an affidavitdescribed in this section will be used at the proceeding.

4. If, at or before the time of the proceeding, thedefendant establishes that:

(a) There is a substantial and bona fide dispute as tothe facts in an affidavit described in this section; and

(b) It is in the best interests of justice that theperson who signed the affidavit be examined or cross-examined,

the grandjury may request that the district attorney produce the person who signed theaffidavit and may continue the proceeding for any time it deems reasonablynecessary in order to receive such testimony.

(Added to NRS by 1993, 548; A 1999, 164)

NRS 172.138 Useof audiovisual technology to present live testimony before grand jury: Whenpermitted; requirements for taking and preserving testimony; limitations onsubsequent use.

1. If a witness resides more than 500 miles from theplace of a grand jury proceeding or is unable to attend the grand juryproceeding because of his medical condition, upon the request of the districtattorney, the district judge supervising the proceedings of the grand jury mayallow a witness to testify before the grand jury through the use of audiovisualtechnology.

2. The district judge supervising the proceedings ofthe grand jury may allow a witness to testify before the grand jury through theuse of audiovisual technology only if the district judge finds that good causeexists to grant the request based upon the specific facts and circumstances ofthe grand jury proceeding.

3. If the district judge supervising the proceedingsof the grand jury allows a witness to testify at the grand jury proceedingthrough the use of audiovisual technology:

(a) The testimony of the witness must be:

(1) Taken by a certified videographer who is inthe physical presence of the witness. The certified videographer shall sign awritten declaration, on a form provided by the district judge, which statesthat the witness does not have in his possession any notes or other materialsto assist in his testimony.

(2) Recorded and preserved through the use of avideotape or other means of audiovisual recording technology.

(3) Transcribed by a certified court reporterappointed pursuant to NRS 172.215 inaccordance with the provisions of NRS172.225.

(b) Before giving his testimony, the witness must besworn and must sign a written declaration, on a form provided by the districtjudge, which acknowledges that the witness understands that he is subject tothe jurisdiction of the courts of this state and may be subject to criminalprosecution for the commission of any crime in connection with his testimony,including, without limitation, perjury, and that he consents to suchjurisdiction.

(c) The original recorded testimony of the witness mustbe delivered to the certified court reporter.

(d) The testimony of the witness may not be used by anyparty upon the trial of the cause or in any proceeding therein in lieu of thedirect testimony of the witness, but the court may allow the testimony of thewitness to be used for any other lawful purpose.

4. Audiovisual technology used pursuant to thissection must ensure that the witness may be:

(a) Clearly heard and seen; and

(b) Examined.

5. As used in this section, audiovisual technologyincludes, without limitation, closed-circuit video and videoconferencing.

(Added to NRS by 2001, 545)

NRS 172.139 Districtattorney and grand jury prohibited from questioning attorney regarding mattershe learned for client or issuing subpoena for work done by attorney for client. During a grand jury proceeding, the district attorney andthe grand jurors shall not:

1. Question an attorney or his employee regardingmatters which he has learned during a legitimate investigation for his client.

2. Issue a subpoena for the production of the privatenotes or other matters representing work done by the attorney or his employeeregarding the legal services which the attorney provided for a client.

(Added to NRS by 1985, 1028)

NRS 172.145 Grandjury required to hear and district attorney required to submit known evidencewhich will explain away charge; invitations and issuance of process forwitnesses.

1. The grand jury is not bound to hear evidence forthe defendant. It is their duty, however, to weigh all evidence submitted tothem, and when they have reason to believe that other evidence within theirreach will explain away the charge, they shall order that evidence to beproduced, and for that purpose may require the district attorney to issueprocess for the witnesses.

2. If the district attorney is aware of any evidencewhich will explain away the charge, he shall submit it to the grand jury.

3. The grand jury may invite any person, withoutprocess, to appear before the grand jury to testify.

(Added to NRS by 1967, 1409; A 1985, 555)

NRS 172.155 Degreeof evidence to warrant indictment; objection.

1. The grand jury ought to find an indictment when allthe evidence before them, taken together, establishes probable cause to believethat an offense has been committed and that the defendant has committed it.

2. The defendant may object to the sufficiency of theevidence to sustain the indictment only by application for a writ of habeascorpus.

(Added to NRS by 1967, 1409; A 1979, 331)

NRS 172.165 Grandjuror must declare knowledge as to commission of public offense; investigation. If a member of the grand jury knows or has reason tobelieve that a public offense has been committed, which is triable within thejurisdiction of the district court which has impaneled such grand jury, he mustdeclare such knowledge or belief to his fellow jurors, who shall thereuponinvestigate the alleged offense.

(Added to NRS by 1967, 1409; A 1969, 6)

NRS 172.175 Mattersinto which grand jury shall and may inquire.

1. Each grand jury that is not impaneled for aspecific limited purpose shall inquire into:

(a) The case of every person imprisoned in the jail ofthe county, on a criminal charge, against whom an indictment has not been foundor an information or complaint filed.

(b) The condition and management of any public prisonlocated within the county.

(c) The misconduct in office of public officers ofevery description within the county which may constitute a violation of aprovision of chapter 197 of NRS.

2. A grand jury that is not impaneled for anotherspecific limited purpose may inquire into any and all matters affecting themorals, health and general welfare of the inhabitants of the county, or of anyadministrative division thereof, or of any township, incorporated city,irrigation district or town therein.

(Added to NRS by 1967, 1409; A 1973, 1274; 1985, 556,701)

NRS 172.185 Grandjury entitled to enter jails and examine records. Thegrand jury shall be entitled to free access, at all reasonable times, to allpublic prisons and to the examination without charge of all public recordswithin its district.

(Added to NRS by 1967, 1409)

NRS 172.195 Issuanceof subpoenas by grand jury; subpoenaed witnesses must be informed of generalnature of inquiry.

1. Except as otherwise provided in NRS 172.139, the grand jury may issue subpoenas,subscribed by the foreman or by the deputy or temporary foreman when acting forhim, for witnesses within the State and for the production of books, papers ordocuments.

2. The grand jury shall orally inform any witness sosubpoenaed of the general nature of the grand jurys inquiry before the witnesstestifies. Such a statement must be included in the transcript of theproceedings.

(Added to NRS by 1967, 1409; A 1985, 573, 1029)

NRS 172.197 Procedurewhen person subpoenaed to appear before grand jury intends to assert hisconstitutional privilege against self-incrimination.

1. If a person who has been subpoenaed to appearbefore a grand jury informs the district attorney that he intends to refuse totestify and to assert his constitutional privilege against self-incrimination,the district attorney shall:

(a) Move for an order of immunity pursuant to NRS 178.572;

(b) Challenge the existence of a valid privilege byfiling in any court of record a motion to compel the testimony of the person;or

(c) Withdraw the subpoena.

2. All proceedings which are held on a motion filedpursuant to subsection 1 must be closed.

3. If the existence of the privilege is challenged,the court shall hear the evidence of both parties and determine whether or nota valid privilege exists and to which matters, if any, it extends.

4. The district attorney shall not call a person totestify before a grand jury regarding matters which have been so determined tobe within his constitutional privilege against self-incrimination.

(Added to NRS by 1985, 554)

NRS 172.205 Powerto engage services of skilled persons. Thegrand jury shall have the power, with the consent of the board of countycommissioners, to engage the services of an attorney other than and in additionto the district attorney, certified or registered public accountants, and suchother skilled persons as may be necessary in the performance of itsinquisitorial powers.

(Added to NRS by 1967, 1410)

NRS 172.215 Certifiedcourt reporter: Appointment; compensation; material required for and prohibitedfrom inclusion in notes.

1. Whenever criminal causes are being investigated bythe grand jury, it shall appoint a certified court reporter. If he is not anofficial reporter of the district court, he shall, before entering upon hisduties, take and subscribe the constitutional oath of office. He is entitled toreceive the same compensation for his services as an official reporter of thedistrict court.

2. Except as otherwise provided in subsection 3, thecertified court reporter shall include in the notes he takes of a grand juryproceeding all criminal matters which come before the grand jury including:

(a) The charge by the impaneling judge;

(b) Any subsequent instructions or statements made bythe judge;

(c) Each statement made by the district attorney;

(d) Each question asked of and response given by thewitnesses who appear before the grand jury; and

(e) Any statements made by the grand jurors during theproceeding.

3. The certified court reporter shall not include inhis notes:

(a) Any confidential communication between a witnessand his legal counsel, if the legal counsel is allowed to accompany the witnessbefore the grand jury; or

(b) The deliberations and voting of the grand jury.

(Added to NRS by 1967, 1410; A 1973, 1323; 1985,1029; 1993, 1411)

NRS 172.225 Transcripts:Preparation; public record.

1. If an indictment has been found or accusationpresented against a defendant, the stenographic reporter shall certify and filewith the county clerk an original transcription of his notes and a copy thereofand as many additional copies as there are defendants.

2. The reporter shall complete the certification andfiling within 10 days after the indictment has been found or the accusationpresented unless the court for good cause makes an order extending the time.

3. The county clerk shall:

(a) Deliver a copy of the transcript so filed with himto the district attorney immediately upon his receipt thereof;

(b) Retain one copy for use only by judges inproceedings relating to the indictment or accusation; and

(c) Deliver a copy of the transcript to each defendantwho is in custody or has given bail or to his attorney.

4. Any defendant to whom a copy has not been deliveredis entitled upon motion to a continuance of his arraignment until a date 10days after he actually receives a copy.

5. If several criminal charges against a defendant areinvestigated on one investigation and thereafter separate indictments arereturned or accusations presented upon the several charges, the delivery to thedefendant or his attorney of one copy of the transcript of the investigation isa compliance with this section as to all of the indictments or accusations.

6. Upon the filing of such a transcript with thecounty clerk, the transcript and any related physical evidence exhibited to thegrand jury become a matter of public record unless the court:

(a) Orders that the presentment or indictment remain secretuntil the defendant is in custody or has been given bail; or

(b) Upon motion, orders the transcript and evidence toremain secret until further order of the court.

(Added to NRS by 1967, 1410; A 1975, 910; 1983, 359)

NRS 172.235 Whomay be present when grand jury is in session.

1. Except as otherwise provided in subsection 2, thefollowing persons may be present while the grand jury is in session:

(a) The district attorney;

(b) A witness who is testifying;

(c) An attorney who is accompanying a witness pursuantto NRS 172.239;

(d) Any interpreter who is needed;

(e) The certified court reporter who is takingstenographic notes of the proceeding;

(f) Any person who is engaged by the grand jurypursuant to NRS 172.205; and

(g) Any other person requested by the grand jury to bepresent.

2. No person other than the jurors may be presentwhile the grand jury is deliberating or voting.

(Added to NRS by 1967, 1410; A 1985, 555; 1993, 1412)

NRS 172.239 Legalcounsel for certain persons who appear before grand jury.

1. A person whose indictment the district attorneyintends to seek or the grand jury on its own motion intends to return may beaccompanied by legal counsel during any appearance before the grand jury.

2. The legal counsel who accompanies a person pursuantto subsection 1 may advise his client but shall not:

(a) Address directly the members of the grand jury;

(b) Speak in such a manner as to be heard by themembers of the grand jury; or

(c) In any other way participate in the proceedings ofthe grand jury.

3. The court or the foreman of the grand jury may havethe legal counsel removed if he violates any of the provisions of subsection 2or in any other way disrupts the proceedings of the grand jury.

4. The district attorney or the foreman of the grandjury shall give a person entitled to legal counsel notice of the provisions ofthis section at the time he is served with a subpoena to appear before thegrand jury. If such a person is invited without process to appear, the grandjury shall include with the invitation notice of the provisions of thissection.

(Added to NRS by 1985, 554)

NRS 172.241 Rightof certain persons to appear before grand jury; notice of consideration ofindictment; withholding of notice.

1. A person whose indictment the district attorneyintends to seek or the grand jury on its own motion intends to return, but whohas not been subpoenaed to appear before the grand jury, may testify before thegrand jury if he requests to do so and executes a valid waiver in writing ofhis constitutional privilege against self-incrimination.

2. A district attorney or a peace officer shall servereasonable notice upon a person whose indictment is being considered by a grandjury unless the court determines that adequate cause exists to withhold notice.The notice is adequate if it:

(a) Is given to the person, his attorney ofrecord or an attorney who claims to represent the person and gives the personnot less than 5 judicial days to submit his request to testify to the districtattorney; and

(b) Advises the person that he may testify before thegrand jury only if he submits a written request to the district attorney andincludes an address where the district attorney may send a notice of the date,time and place of the scheduled proceeding of the grand jury.

3. The district attorney may apply to the court for adetermination that adequate cause exists to withhold notice if he:

(a) Determines that the notice may result in the flightof the person whose indictment is being considered, on the basis of:

(1) A previous failure of the person to appearin matters arising out of the subject matter of the proposed indictment;

(2) The fact that the person is a fugitive fromjustice arising from charges in another jurisdiction;

(3) Outstanding local warrants pending againstthe person; or

(4) Any other objective factor;

(b) Determines that the notice may endanger the life orproperty of other persons; or

(c) Is unable, after reasonable diligence, to notifythe person.

4. If a district attorney applies to the court for adetermination that adequate cause exists to withhold notice, the court shallhold a closed hearing on the matter. Upon a finding of adequate cause, thecourt may order that no notice be given.

(Added to NRS by 1985, 554; A 1991, 1063; 1997, 188)

NRS 172.245 Secrecyof proceedings of grand jury; permitted disclosures; penalty.

1. The disclosure of:

(a) Evidence presented to the grand jury;

(b) Information obtained by the grand jury;

(c) The results of an investigation made by the grandjury; and

(d) An event occurring or a statement made in thepresence of the grand jury other than its deliberations and the vote of ajuror,

may be madeto the district attorney for use in the performance of his duties.

2. Except as otherwise provided in subsection 3, theAttorney General or a member of his staff, a grand juror, district attorney ormember of his staff, peace officer, clerk, stenographer, interpreter, witnessor other person invited or allowed to attend the proceedings of a grand juryshall not disclose:

(a) Evidence presented to the grand jury;

(b) An event occurring or a statement made in thepresence of the grand jury;

(c) Information obtained by the grand jury; or

(d) The results of an investigation made by the grandjury.

3. A person may disclose his knowledge concerning theproceedings of a grand jury:

(a) When so directed by the court preliminary to or inconnection with a judicial proceeding;

(b) When permitted by the court at the request of thedefendant upon a showing that grounds may exist for a motion to dismiss thepresentment or indictment because of matters occurring before the grand jury;

(c) If he was a witness before the grand jury and isdisclosing his knowledge of the proceedings to his own attorney; or

(d) As provided in NRS172.225.

4. No obligation of secrecy may be imposed upon anyperson except in accordance with this section. The court may direct that apresentment or indictment be kept secret until the defendant is in custody orhas been given bail, and the clerk shall seal the presentment or indictment. Itis unlawful for any person to disclose the finding of the secret presentment orindictment except when necessary for the issuance and execution of a warrant orsummons.

5. A person who violates any of the provisions of thissection is guilty of a gross misdemeanor and contempt of court.

6. The Attorney General or district attorney shallinvestigate and prosecute a violation of this section.

7. The grand jury shall inform each person who appearsbefore the grand jury of the provisions of this section and the penalties forits violation.

(Added to NRS by 1967, 1410; A 1985, 552)

NRS 172.255 Findingand return of presentment or indictment; effect of failure to indict.

1. A presentment or indictment may be found only uponthe concurrence of 12 or more jurors.

2. The jurors shall vote separately on each person andeach count included in a presentment or indictment.

3. The presentment or indictment must be returned bythe grand jury to a judge in open court or, in the absence of the judge, to theclerk of the court in open court, who shall determine that 12 or more jurorsconcurred in finding a presentment or indictment. If the defendant has beenheld to answer and 12 jurors do not concur in finding a presentment orindictment, the foreman shall so report to the court in writing forthwith.

4. The failure to indict does not prevent the samecharge from being again submitted to a grand jury if resubmission is approvedby the court.

(Added to NRS by 1967, 1411; A 1971, 208; 1985, 1030)

NRS 172.259 Publicationof fact that no indictment was issued by grand jury. Aftera grand jury investigation is concluded:

1. A person who was the subject of the investigationbut against whom an indictment was not returned; or

2. A district attorney, with the permission of thatperson,

may makepublic the fact that no indictment was issued as a result of the grand jurysinvestigation.

(Added to NRS by 1985, 1028)

NRS 172.265 Namesof witnesses inserted or endorsed at foot of indictment. When an indictment is found, the names of the witnessesexamined before the grand jury shall be inserted at the foot of the indictment,or endorsed thereon before it is presented to the court.

(Added to NRS by 1967, 1411)

NRS 172.267 Reportof grand jury: Scope; purpose; limitations.

1. A grand jury may issue a report concerning a matterinto which it may lawfully inquire.

2. The report must be issued for the sole purpose ofreporting on the matter. The report must not:

(a) Contain material the sole effect of which is toridicule or abuse a person or otherwise subject him to public disgrace orembarrassment;

(b) Contain material which is personal in nature anddoes not relate to any lawful inquiry; or

(c) Accuse a named or unnamed person directly or byinnuendo, imputation or otherwise of an act that, if true, constitutes anindictable offense unless the report is accompanied by a presentment or anindictment of the person for the offense mentioned in the report.

3. The judge impaneling a grand jury shall include theprovisions of this section in his charge to the grand jury.

(Added to NRS by 1985, 700)

NRS 172.269 Reportof grand jury: Inclusion of recommendations to public officers or agencies;criticism must be constructive; positive statement of no indictable activityrequired, if applicable. A grand jury mayinclude in its report recommendations to a public officer or agency for actionswhich will reduce costs, increase efficiency or result in better service to thepublic. Any criticism made therein must be constructive and made in support ofthe recommendations. If such recommendations and criticism are included in areport and the report is not accompanied by a related indictment orpresentment, the report must include a positive statement that no indictablecriminal activity was found.

(Added to NRS by 1985, 701)

NRS 172.271 Reportof grand jury: Preliminary review by court; notification of identified persons;procedure to expunge improper material; filing and distribution.

1. The grand jury shall submit a draft of the reportthat it wishes to make to the court which impaneled it.

2. The court shall review its contents and, if itcontains any material which violates paragraph (a) of subsection 2 of NRS 172.267, require the grand jury to expungethat material from the draft.

3. The court shall send to any person identified inthe draft in violation of paragraph (b) of subsection 2 of NRS 172.267 the pertinent part of the draftand notify him that he has been identified in the draft of the report of thegrand jury in connection with possible criminal conduct. The person may, within5 days after receiving the notice and the portion of the draft, submit awritten request to the court for a hearing in chambers to consider a motion toexpunge that portion of the draft from the final report.

4. The court shall rule on any such motion to expungematerial within 20 days after the completion of the hearing on the motion.

5. If the court determines that the draft:

(a) Violates in its entirety a provision of NRS 172.267; or

(b) After the removal of a portion pursuant to NRS 172.267, is so incomplete that it ismeaningless,

it shall notfile the report with the clerk of the district court but shall file instead awritten statement describing, generally, its action and the basis for it.

6. The court shall file either the draft, the draft ascorrected or the statement with the clerk of the district court within 60 daysafter receiving the draft from the grand jury. Upon filing, the draft becomesthe final report of the grand jury.

7. Within 5 days after the report is filed, the clerkshall mail a copy of the pertinent portion of the report to each person orgovernmental entity mentioned in the report.

(Added to NRS by 1985, 701)

MISCELLANEOUS PROVISIONS

NRS 172.275 Dischargeof grand jury; discharge or excuse of juror.

1. A grand jury shall serve until discharged by thecourt and may be so discharged at any time after the expiration of 1 year. Atany time for cause shown the court may excuse a juror either temporarily orpermanently, and in the latter event the court may impanel an alternate grandjuror in place of the juror excused.

2. Where the court is composed of more than one judge,any judge may discharge or excuse a juror; but if any other judge notifies thejudge so acting, in writing within 24 hours after the action is taken, that heobjects, the action stands rescinded and is not effective unless theconcurrence of a majority of the judges composing the court is obtained.

(Added to NRS by 1967, 1411; A 1985, 557)

NRS 172.285 Warranton presentment.

1. If the court deems that the facts stated in apresentment constitute a public offense triable:

(a) In the district court of the county, it shalldirect the clerk to issue a warrant for the arrest of the defendant.

(b) In another court of the county, it shall forwardthe presentment to such court.

2. The clerk, or justice of the peace in a caseforwarded to him, may accordingly at any time thereafter issue a warrant underthe signature and seal of the court, if it has a seal.

3. The magistrate before whom the defendant is broughtshall proceed to examine the charge contained in the presentment and hold thedefendant to answer such charge, or discharge him, in the same manner as upon awarrant of arrest on complaint.

(Added to NRS by 1967, 1411)

NRS 172.295 Reviewby person of his own prior testimony before he testifies before grand juryagain. A person who:

1. Is called to testify before a grand jury; and

2. Has testified regarding the same matter at anothertime before the same or another grand jury,

may, uponhis request, review the transcript or recording of his prior testimony beforehe testifies again.

(Added to NRS by 1985, 1028)

NRS 172.305 Failureto disclose subject of grand jurys inquiry to defendant not cause fordismissal of subsequent presentment or indictment. Apresentment or indictment may not be dismissed on the ground that the specificsubject of the inquiry was not disclosed to the defendant pursuant to NRS 172.195 or subsection 4 of NRS 174.315.

(Added to NRS by 1985, 572; A 1993, 118)