Assembly Bill No. 60–Committee on Judiciary

 

(On Behalf of the District Attorney’s Association)

 

February 10, 2003

____________

 

Referred to Committee on Judiciary

 

SUMMARY—Revises provisions pertaining to certification of child for criminal proceedings as adult. (BDR 5‑280)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the juvenile court; providing an additional exception to mandatory certification of a child for criminal proceedings as an adult; providing that a decision of the juvenile court to deny certification of a child for criminal proceedings as an adult may be appealed; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 62.080 is hereby amended to read as follows:

1-2  62.080  1.  Except as otherwise provided in subsection 2 and

1-3  NRS 62.081, if:

1-4  (a) A child is charged with an offense that would be a felony if

1-5  committed by an adult; and

1-6  (b) The child was 14 years of age or older at the time he

1-7  allegedly committed the offense,

1-8  the juvenile court, upon a motion by the district attorney and after a

1-9  full investigation, may retain jurisdiction or certify the child for

1-10  proper criminal proceedings to any court that would have

1-11  jurisdiction to try the offense if committed by an adult.

1-12      2.  If a child:

1-13      (a) Is charged with:

2-1       (1) A sexual assault involving the use or threatened use of

2-2  force or violence against the victim; or

2-3       (2) An offense or attempted offense involving the use or

2-4  threatened use of a firearm; and

2-5  (b) Was 14 years of age or older at the time he allegedly

2-6  committed the offense,

2-7  the juvenile court, upon a motion by the district attorney and after a

2-8  full investigation, shall certify the child for proper criminal

2-9  proceedings to any court that would have jurisdiction to try the

2-10  offense if committed by an adult, unless the court specifically finds

2-11  by clear and convincing evidence that the child is developmentally

2-12  or mentally incompetent to understand his situation and the

2-13  proceedings of the court or to aid his attorney in those proceedings

2-14  or that the child’s actions were substantially the result of his

2-15  substance abuse or emotional or behavioral problems and such

2-16  substance abuse or problems may be appropriately treated through

2-17  the jurisdiction of the juvenile court.

2-18      3.  If a child is certified for criminal proceedings as an adult

2-19  pursuant to subsection 1 or 2, the court shall also certify the child

2-20  for criminal proceedings as an adult for any other related offense

2-21  arising out of the same facts as the offense for which the child was

2-22  certified, regardless of the nature of the related offense.

2-23      4.  If a child has been certified for criminal proceedings as an

2-24  adult pursuant to subsection 1 or 2 and his case has been transferred

2-25  out of the juvenile court, original jurisdiction of his person for that

2-26  case rests with the court to which the case has been transferred, and

2-27  the child may petition for transfer of his case back to the juvenile

2-28  court only upon a showing of exceptional circumstances. If the

2-29  child’s case is transferred back to the juvenile court, the judge of

2-30  that court shall determine whether the exceptional circumstances

2-31  warrant accepting jurisdiction.

2-32      Sec. 2.  NRS 62.291 is hereby amended to read as follows:

2-33      62.291  1.  Appeals from the orders of the court may be taken

2-34  to the Supreme Court in the same manner as appeals in civil cases

2-35  are taken.

2-36      2.  For the purposes of this section, a decision to deny

2-37  certification of a child for criminal proceedings as an adult is a

2-38  final judgment from which an appeal may be taken.

2-39      Sec. 3.  The amendatory provisions of this act apply to a

2-40  decision to deny certification of a child for criminal proceedings as

2-41  an adult that is made on or after October 1, 2003.

 

2-42  H