rted controlled substance; or (b) The concentration of alcohol or the presence or absence of a controlled substance, chemical, poison, organic solvent or another prohibited substance, as the case may be, is admissible in the manner provided in this section. 2. An affidavit or declaration which is submitted to prove any fact set forth in subsection 1 must be admitted into evidence when submitted during any administrative proceeding, preliminary hearing or hearing before a grand jury. The court shall not sustain any objection to the admission of such an affidavit or declaration. 3. The Committee on Testing for Intoxication shall adopt regulations prescribing the form of the affidavits and declarations described in this section. (Added to NRS by 1995, 2712; A 1997, 1420; 1999, 443, 2469, 3402; 2001, 172; 2005, 2046) NRS 50.325 Procedure for admission of affidavit or declaration of expert or other person to prove existence of alcohol, quantity of controlled substance or existence or identity of controlled substance, chemical, poison, organic solvent or another prohibited substance in prosecution of certain criminal offenses. 1. If a person is charged with an offense listed in subsection 4, and it is necessary to prove: (a) The existence of any alcohol; (b) The quantity of a controlled substance; or (c) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance, the prosecuting attorney may request that the affidavit or declaration of an expert or other person described in NRS 50.315 and 50.320 be admitted into evidence at the preliminary hearing or hearing before a grand jury concerning the offense. 2. The affidavit or declaration must be admitted into evidence upon submission. 3. The provisions of this section do not prohibit either party from producing any witness to offer testimony at a preliminary hearing or hearing before a grand jury. 4. The provisions of this section apply to any of the following offenses: (a) An offense punishable pursuant to NRS 202.257, 455A.170, 455B.080, 493.130 or 639.283. (b) An offense punishable pursuant to chapter 453, 484 or 488 of NRS. (c) A homicide resulting from driving, operating or being in actual physical control of a vehicle or a vessel under power or sail while under the influence of intoxicating liquor or a controlled substance or resulting from any other conduct prohibited by NRS 484.379, 484.3795, 484.37955, subsection 2 of NRS 488.400, NRS 488.410, 488.420 or 488.425. (d) Any other offense for which it is necessary to prove, as an element of the offense: (1) The existence of any alcohol; (2) The quantity of a controlled substance; or (3) The existence or identity of a controlled substance, chemical, poison, organic solvent or another prohibited substance. (Added to NRS by 1971, 929; A 1973, 891; 1975, 648; 1983, 111, 1084, 1916; 1987, 302, 765, 1546, 1575; 1989, 78, 1908; 1993, 85; 1995, 2714; 1997, 332; 1999, 3402; 2005, 161, 2046) NRS 50.345 Expert testimony to show victim’s behavior or condition is consistent with behavior or condition of victim of sexual assault. In any prosecution for sexual assault, expert testimony is not inadmissible to show that the victim’s behavior or mental or physical condition is consistent with the behavior or condition of a victim of sexual assault. (Added to NRS by 1985, 843) DESIGNATION OF ATTENDANT TO PROVIDE SUPPORT TO VICTIM OF ACT OF DOMESTIC VIOLENCE NRS 50.400 Applicability to proceedings in civil actions; qualifications, duties and limitations on conduct of attendant; designation of attendant as witness; “victim of an act of domestic violence pursuant to NRS 33.018” defined. 1. In any civil action involving a victim of an act of domestic violence pursuant to NRS 33.018, the victim may designate a person to act as an attendant during any proceeding to provide support to the victim. 2. The victim may designate any person to act as an attendant. 3. An attendant: (a) Is not required to possess or obtain any special qualifications, such as certification or training, to serve as an attendant pursuant to this section. (b) Shall be available to provide moral and emotional support to the victim. (c) Shall be available to assist the victim in feeling more confident that the victim will not be injured or threatened at any time during any proceeding. (d) Unless otherwise ordered by the court, must be allowed to be present in close proximity to the victim during any proceeding. 4. Unless the attendant is an attorney licensed or otherwise authorized to practice in this State, the attendant shall not provide any legal advice to the victim. Any action taken by the attendant in accordance with this section shall be deemed not to constitute the unauthorized practice of law pursuant to NRS 7.285. 5. The attendant may be designated by a party as a witness and must not be excluded from the proceedings. If a party designates the attendant as a witness, the attendant must be examined and cross-examined before any other witness testifies. 6. For the purposes of this section, “victim of an act of domestic violence pursuant to NRS 33.018” includes any person who alleges that he is a victim of an act of domestic violence pursuant to NRS 33.018, regardless of whether or not the alleged perpetrator of the act of domestic violence has been charged with or convicted of any criminal offense related to that act. (Added to NRS by 2003, 542) UNIFORM CHILD WITNESS TESTIMONY BY ALTERNATIVE METHODS ACT NRS 50.500 Short title. The provisions of NRS 50.500 to 50.620, inclusive, may be cited as the Uniform Child Witness Testimony by Alternative Methods Act. (Added to NRS by 2003, 988) NRS 50.510 Definitions. As used in NRS 50.500 to 50.620, inclusive, unless the context otherwise requires, the words and terms defined in NRS 50.520 to 50.550, inclusive, have the meanings ascribed to them in those sections. (Added to NRS by 2003, 988) NRS 50.520 “Alternative method” defined. “Alternative method” means a method by which a child witness testifies which does not include all of the following: 1. Having the child testify in person in an open forum; 2. Having the child testify in the presence and full view of the finder of fact and presiding officer; and 3. Allowing all of the parties to be present, to participate and to view and be viewed by the child. (Added to NRS by 2003, 988) NRS 50.530 “Child witness” defined. “Child witness” means a child under the age of 14 years who has been or will be called to testify in a proceeding. (Added to NRS by 2003, 988) NRS 50.540 “Criminal proceeding” defined. “Criminal proceeding” means: 1. A trial or hearing before a court in a prosecution of a person charged with violating a criminal law of this State; or 2. A delinquency proceeding which is conducted pursuant to title 5 of NRS. (Added to NRS by 2003, 988) NRS 50.550 “Noncriminal proceeding” defined. “Noncriminal proceeding” means a trial or hearing before a court or an administrative agency of this State having judicial or quasi-judicial powers, other than a criminal proceeding. (Added to NRS by 2003, 988) NRS 50.560 Applicability. 1. The provisions of NRS 50.500 to 50.620, inclusive, apply to the testimony of a child witness in a criminal or noncriminal proceeding. 2. The provisions of NRS 50.500 to 50.620, inclusive, do not preclude: (a) In a noncriminal proceeding, any other procedure permitted by law for a child witness to testify; or (b) In a delinquency proceeding which is conducted pursuant to title 5 of NRS, testimony by a child witness in a closed forum as authorized by NRS 62D

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