AB351 - Revises provisions relating to the jurisdiction of the juvenile court over certain offenses. (BDR 5-494)

- 83rd Session (2025) Assembly Bill No. 351–Committee on Judiciary CHAPTER.......... AN ACT relating to juvenile justice; granting the juvenile court limited jurisdiction over certain persons who are 21 years of age or older; and providing other matters properly relating thereto. Legislative Counsel’s Digest: 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 and consider certain factors relating to the interests of justice and need for protection of the public 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. EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. NRS 62B.335 is hereby amended to read as follows: 62B.335 1. [If: (a) A] The juvenile court shall conduct a hearing to determine whether there is probable cause to believe that a person [is charged with the commission of] committed a delinquent act [that occurred when the person was at least 16 years of age but less than 18 years of age; – 2 – - 83rd Session (2025) (b) The delinquent act would have been a category A or B felony if committed by an adult; (c) ] that occurred when the person was: (a) At least 16 years of age but less than 18 years of age if: (1) A petition is filed charging the person with a category A or B felony and a writ of attachment is issued pursuant to NRS 62C.320 before the date on which the person reaches 21 years of age; and (2) The writ is not served before the date on which the person reaches 21 years of age. (b) At least 14 years of age but less than 16 years of age if: (1) A petition is filed charging the person with a category A or B felony involving the use or threatened use of a deadly weapon and: (I) A writ of attachment is issued pursuant to NRS 62C.320 before the date on which the person reaches 21 years of age; and (II) The writ is not served before the date on which the person reaches 21 years of age; or (2) The person is not identified by law enforcement as having committed the delinquent act before the date on which the person reaches 21 years of age . [; and (d) The person is apprehended by law enforcement after the person reaches 21 years of age,  the juvenile court has jurisdiction over the person to conduct a hearing and make the determinations required by this section in accordance with the provisions of this section.] (c) Except as otherwise provided in NRS 62B.330, at least 13 years of age if: (1) A petition is filed charging the person with murder or attempted murder and: (I) A writ of attachment is issued pursuant to NRS 62C.320 before the date on which the person reaches 21 years of age; and (II) The writ is not served before the date on which the person reaches 21 years of age; or (2) The person is not identified by law enforcement as having committed the delinquent act before the date on which the person reaches 21 years of age. 2. [The juvenile court shall conduct a hearing to determine whether there is probable cause to believe that the person committed the delinquent act. – 3 – - 83rd Session (2025) 3.] If the juvenile court determines that there is not probable cause to believe that the person committed the delinquent act, the juvenile court shall dismiss the charges and discharge the person. [4.] 3. If the juvenile court determines that there is probable cause to believe that the person committed the delinquent act, the juvenile court shall determine whether, based upon clear and convincing evidence and considering the interests of justice and the need for protection of the public, to: (a) Dismiss the charges; or (b) Transfer the case for proper criminal proceedings to any court that would have jurisdiction over the delinquent act if the delinquent act were committed by an adult. [5.] 4. In determining the interests of justice and the need for protection of the public, the juvenile court shall consider: (a) The number, date, nature and gravity of the delinquent acts committed by the person. (b) Whether the delinquent acts involved the use of a weapon, violence or infliction of serious bodily injury. (c) The impact to any victim of the person. (d) The extent to which the person has already received punishment, counseling, therapy or treatment after the commission of the delinquent acts, and the response of the person to any such punishment, counseling, therapy or treatment. (e) The behavior of the person since the date on which the person committed the delinquent acts, including, without limitation, the character, maturity, educational progress and work history of the person. (f) Any evidence that the person engaged in recent threats against any person or expressed the intent to commit a crime in the future. (g) Psychological or psychiatric evidence that indicates a risk of recidivism. (h) Any emotional or mental health condition that existed at the time of the commission of the delinquent act. (i) Any physical conditions that minimize the risk of recidivism, including, without limitation, physical disability or illness. (j) Any reason for delay between the alleged delinquent act and arrest. (k) The effect of time on the reliability of any witness and evidence. (l) Any other factor the juvenile court finds relevant. [6.] 5. If the case is transferred for criminal proceedings pursuant to this section, the court shall also transfer any other – 4 – - 83rd Session (2025) related offense arising out of the same facts as the delinquent act, regardless of the nature of the related offense. [7.] 6. The court to which the case is transferred has original jurisdiction over the person. [8.] 7. A person held in custody pursuant to this section must be held in the state prison, a county or city jail or detention facility for adults and is entitled to bail as established in criminal proceedings. Sec. 2. The amendatory provisions of this act apply to offenses committed on or after October 1, 2013. Sec. 3. This act becomes effective upon passage and approval. 20 ~~~~~ 25