ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by renumbering sections 1 and 2 as sections 2 and 3 and adding a new section designated section 1, following the enacting clause, to read as follows:
“Section 1. NRS 62.080 is hereby amended to read as follows:
62.080 1. Except as otherwise provided in subsection 2 and NRS 62.081, if:
(a) A child is charged with an offense that would be a felony if committed by an adult; and
(b) The child was 14 years of age or older at the time he allegedly committed the offense,
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the juvenile court, upon a motion by the district attorney and
after a full investigation, may retain jurisdiction or certify the child for
proper criminal proceedings to any court that would have jurisdiction to try
the offense if committed by an adult.
2. If a child:
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of force or violence against the victim; or
(2) An offense or attempted offense involving the use or threatened use of a firearm; and
(b) Was 14 years of age or older at the time he allegedly committed the offense,
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the juvenile court, upon a motion by the district attorney and
after a full investigation, shall certify the child for proper criminal
proceedings to any court that would have jurisdiction to try the offense if
committed by an adult, unless the court specifically finds by clear and
convincing evidence that the child
is developmentally or mentally incompetent to understand his situation and the
proceedings of the court or to aid his attorney in those proceedings or that the
child’s actions were substantially the result of his substance abuse or
emotional or behavioral problems and such substance abuse or problems may be
appropriately treated through the jurisdiction of the juvenile court.
3. If a child is certified for criminal proceedings as an adult pursuant to subsection 1 or 2, the court shall also certify the child for criminal proceedings as an adult for any other related offense arising out of the same facts as the offense for which the child was certified, regardless of the nature of the related offense.
4. If a child has been certified for criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile court, original jurisdiction of his person for that case rests with the court to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile court only upon a showing of exceptional circumstances. If the child’s case is transferred back to the juvenile court, the judge of that court shall determine whether the exceptional circumstances warrant accepting jurisdiction.”.
Amend the title of the bill, first line, after “court;” by inserting:
“providing an additional exception to mandatory certification of a child for criminal proceedings as an adult;”.
Amend the summary of the bill to read as follows: