Existing law grants the juvenile court limited jurisdiction over a person who is 21 years of age or older if: (1) the person is charged with the commission of a delinquent act that occurred when the person was at least 16 years of age but less than 18 years of age; (2) the delinquent act would have been a category A or B felony if committed by an adult; and (3) certain other requirements are met. (NRS 62B.335) The Nevada Supreme Court has held that existing law does not grant any court in this State jurisdiction over a person who is 21 years of age or older who is charged with the commission of certain delinquent acts that occurred when the person was less than 16 years of age. (Zalyaul v. State, 138 Nev. 760 (2022)) Section 1 of this bill addresses this jurisdictional gap by granting the juvenile court limited jurisdiction over a person who is 21 years of age or older if a petition charging the person with the commission of certain delinquent acts that occurred when the person was at least 13 years of age but less than 18 years of age is filed and certain other requirements are met. In general, existing law requires the juvenile court to hold a hearing to determine whether the case of a person over whom the juvenile court has limited jurisdiction should be: (1) dismissed; or (2) transferred from the juvenile court to the district court for criminal proceedings. (NRS 62B.335) By granting the juvenile court limited jurisdiction over a person who is 21 years of age or older who is charged with the commission of a delinquent act that occurred when the person was less than 18 years of age, section 1 requires the juvenile court to hold a hearing to determine whether the case of any such person should be dismissed or transferred to the district court for criminal proceedings. Section 2 of this bill makes the amendatory provisions of section 1 applicable to offenses committed on or after October 1, 2013.

Statutes affected:
As Introduced: 62B.335
Reprint 1: 62B.335
BDR: 62B.335