Existing law provides that the juvenile court has exclusive jurisdiction over a child who is alleged to have committed an act designated as a delinquent act, unless the child is alleged to have committed an offense for which the juvenile court may certify the child for criminal proceedings as an adult and the juvenile court certifies the child for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation. (NRS 62B.330, 62B.390) Certain offenses with age-related conditions are not considered delinquent acts and are therefore excluded from the jurisdiction of the juvenile court such as: (1) murder and attempted murder; (2) sexual assault and attempted sexual assault involving the use or threatened use of force or violence against the victim; (3) an offense or attempted offense involving the use or threatened use of a firearm; (4) certain felonies resulting in death or substantial bodily harm on the property of a school, at an activity sponsored by a school or on a school bus; (5) other category A and B felonies; and (6) any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense. (NRS 62B.330) Section 2 of this bill eliminates the exclusions of: (1) sexual assault and attempted sexual assault involving the use or threatened use of force or violence; and (2) an offense or attempted offense involving the use or threatened use of a firearm from the jurisdiction of the juvenile court, thereby retaining such offenses under the jurisdiction of the juvenile court. Under existing law, the juvenile court is required to certify a child for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation if the child: (1) is charged with a sexual assault involving the use or threatened use of force or violence against the victim or an offense or attempted offense involving the use or threatened use of a firearm; and (2) was 16 years of age or older at the time the child allegedly committed the offense. (NRS 62B.390) Section 4 of this bill eliminates the mandatory certification of a child as an adult for these offenses and provides instead for the discretionary certification of a child for criminal proceedings as an adult for all offenses over which the juvenile court has exclusive jurisdiction.

Statutes affected:
As Introduced: 62A.030, 62B.330, 62B.370, 62B.390, 62B.420, 62C.030, 62D.415
Reprint 1: 62B.330, 62B.390
Reprint 2: 62B.330, 62B.390
As Enrolled: 62B.330, 62B.390