NRS50.325. 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,

Ê 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, hearing before a grand jury or trial concerning the offense. Except as otherwise provided in NRS 50.315 and 50.320, the affidavit or declaration must be admitted into evidence at the trial.

      2.  If the request is to have the affidavit or declaration admitted into evidence at a preliminary hearing or hearing before a grand jury, the affidavit or declaration must be admitted into evidence upon submission. If the request is to have the affidavit or declaration admitted into evidence at trial, the request must be:

      (a) Made at least 10 days before the date set for the trial;

      (b) Sent to the defendant’s counsel and to the defendant, by registered or certified mail, or personally served on the defendant’s counsel or the defendant; and

      (c) Accompanied by a copy of the affidavit or declaration and the name, address and telephone number of the affiant or declarant.

      3.  The provisions of this section do not prohibit either party from producing any witness to offer testimony at trial.

      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, 484A to 484E, inclusive, 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 484C.110, 484C.130, 484C.430, 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; 2007, 398; 2009, 32)