Nevada § 50.315 - Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance

§ 50.315. Admissibility of affidavit or declaration offered to prove certain facts concerning use of certain devices or withdrawal or holding of evidence related to determining presence of alcohol, controlled substance, chemical, poison, organic solvent or another prohibited substance

1. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration

of a person is admissible in evidence in any criminal or administrative proceeding

to prove: (a) That the affiant or declarant has been certified by the Director of the Department

of Public Safety as being competent to operate devices of a type certified by the

Committee on Testing for Intoxication as accurate and reliable for testing a person's

breath to determine the concentration of alcohol in his or her breath; (b) The identity of a person from whom the affiant or declarant obtained a sample

of breath; and (c) That the affiant or declarant tested the sample using a device of a type so certified

and that the device was functioning properly. 2. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration

of a person who has examined a prepared chemical solution or gas that has been used

in calibrating, or verifying the calibration of, a device for testing another's breath

to determine the concentration of alcohol in his or her breath is admissible in evidence

in any criminal or administrative proceeding to prove: (a) The occupation of the affiant or declarant; and (b) That the solution or gas has the chemical composition necessary for use in accurately

calibrating, or verifying the calibration of, the device. 3. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration

of a person who calibrates a device for testing another's breath to determine the

concentration of alcohol in his or her breath is admissible in evidence in any criminal

or administrative proceeding to prove: (a) The occupation of the affiant or declarant; (b) That on a specified date the affiant or declarant calibrated the device at a named

law enforcement agency by using the procedures and equipment prescribed in the regulations

of the Committee on Testing for Intoxication; (c) That the calibration was performed within the period required by the Committee's

regulations; and (d) Upon completing the calibration of the device, it was operating properly. 4. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration

made under the penalty of perjury of a person who withdraws a sample of blood from

another for analysis by an expert as set forth in NRS 50.320 is admissible in any criminal or administrative proceeding to prove: (a) The occupation of the affiant or declarant; (b) The identity of the person from whom the affiant or declarant withdrew the sample; (c) The fact that the affiant or declarant kept the sample in his or her sole custody

or control and in substantially the same condition as when he or she first obtained

it until delivering it to another; and (d) The identity of the person to whom the affiant or declarant delivered it. 5. Except as otherwise provided in subsections 6 and 7, the affidavit or declaration

of a person who receives from another a sample of blood or urine or other tangible

evidence that is alleged to contain alcohol or a controlled substance, chemical, poison,

organic solvent or another prohibited substance may be admitted in any criminal or

civil or administrative proceeding to prove: (a) The occupation of the affiant or declarant; (b) The fact that the affiant or declarant received a sample or other evidence from

another person and kept it in his or her sole custody or control in substantially

the same condition as when he or she first received it until delivering it to another;

and (c) The identity of the person to whom the affiant or declarant delivered it. 6. If, not later than 10 days before the date set for trial or such shorter time before

the date set for trial as authorized by the court, the defendant objects in writing

to admitting into evidence the affidavit or declaration, the court shall not admit

the affidavit or declaration into evidence and may order the prosecution to produce

the witness and may continue the trial for any time the court deems reasonably necessary

to receive such testimony. The time within which a trial is required is extended by the time of the continuance. 7. During any trial in which the defendant has been accused of committing a felony,

the defendant may object in writing to admitting into evidence an affidavit or declaration

described in this section. If the defendant makes such an objection, the court shall not admit the affidavit

or declaration into evidence and the prosecution may cause the person to testify to

any information contained in the affidavit or declaration. 8. The Committee on Testing for Intoxication shall adopt regulations prescribing the

form of the affidavits and declarations described in this section.