Assembly Bill No. 438

Assembly Bill No. 438-Committee on Judiciary

CHAPTER

232

AN ACT relating to juveniles; revising the provisions relating to the jurisdiction of juvenile courts; revising the provisions relating to the certification of certain juveniles for criminal proceedings as adults; providing for certain proceedings for certain juveniles who escape or attempt to escape from detention facilities; providing a penalty; and providing other matters properly relating thereto.

[Approved June 30, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1. Chapter 62 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a child:
(a) Is committed to or otherwise is placed in a public or private facility for the detention or correctional care of juveniles, including, but not limited to, the Nevada youth training center, the Caliente youth center and all regional and local facilities for the detention of juveniles; and
(b) Escapes or attempts to escape from such a facility,
the child shall be deemed to be a prisoner who has escaped or attempted to escape from lawful custody in violation of NRS 212.090, and proceedings may be brought against the child pursuant to the provisions of this section.
2. Upon a motion by the district attorney and after a full investigation, the court may certify the child for criminal proceedings as an adult pursuant to subsection 1 of NRS 62.080 if the child was 14 years of age or older at the time of the escape or attempted escape and:
(a) The child was committed to or placed in the facility from which he escaped or attempted to escape because he had been charged with or had been adjudicated delinquent for an act that, if committed by an adult, would be a felony; or
(b) The child or another person aiding the child used a dangerous weapon to facilitate the escape or attempted escape.
3. If the child is certified for criminal proceedings as an adult pursuant to subsection 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 escape or attempted escape, regardless of the nature of the related offense.
4. If the child is not certified for criminal proceedings as an adult pursuant to subsection 2 or otherwise is not subject to the provisions of subsection 2, the escape or attempted escape shall be deemed to be a delinquent act, and proceedings may be brought against the child pursuant to the provisions of this chapter.
Sec. 2. NRS 62.020 is hereby amended to read as follows:
62.020 As used in this chapter, unless the context otherwise requires:
1. ["Adult" means a person 18 years of age or older, a person between the ages of 14 and 18 who has been certified as an adult, a person less than 18 years of age who has been convicted as an adult for murder, attempted murder, or any lesser offense included in either, or a person 16 years of age or older who is not subject to the jurisdiction of the juvenile court, who has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and who is now charged with or has been convicted as an adult for:
(a) A sexual assault involving the use or threatened use of force or violence against the victim; or
(b) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.
2. "Child"] Except as otherwise provided in this subsection, "child" means a person [less] who is:
(a) Less than 18 years of age ; or [a person less]
(b) Less than 21 years of age [who committed] and subject to the jurisdiction of the juvenile court for an act of delinquency [before reaching the age of 18 years, unless in either case he has been certified or sentenced as an adult.
3.] that was committed before the person reached 18 years of age.
The term does not include a person who is excluded from the jurisdiction of the juvenile court pursuant to NRS 62.040 or a person who is certified for criminal proceedings as an adult pursuant to NRS 62.080 or section 1 of this act.
2. "Court" means the juvenile division of the district court.
[4.] 3. "Indian child" has the meaning ascribed to it in 25 U.S.C. § 1903.
[5.] 4. "Indian Child Welfare Act" means the Indian Child Welfare Act of 1978 (25 U.S.C. §§ 1901 et seq.).
[6.] 5. "Judge" means the judge of the juvenile division of the district court.
[7.] 6. "Juvenile court" or "juvenile division" means:
(a) In any judicial district that includes a county whose population is 100,000 or more, the family division of the district court; or
(b) In any other judicial district, the juvenile division of the district court.
[8.] 7. "Minor traffic offense" means a violation of any state or local law, ordinance or resolution governing the operation of a motor vehicle upon any street, alley or highway within this state other than:
(a) A violation of chapter 484 or 706 of NRS that causes the death of a person;
(b) Driving a motor vehicle while under the influence of intoxicating liquor, a controlled substance or a drug in violation of NRS 484.379; or
(c) Any traffic offense declared to be a felony.
Sec. 3. NRS 62.040 is hereby amended to read as follows:
62.040 1. Except if the child involved is subject to the exclusive jurisdiction of an Indian tribe, and except as otherwise provided in this chapter, the court has exclusive original jurisdiction in proceedings:
(a) Concerning any child living or found within the county who is in need of supervision because he:
(1) Is a child who is subject to compulsory school attendance and is a habitual truant from school;
(2) Habitually disobeys the reasonable and lawful demands of his parents, guardian, or other custodian, and is unmanageable; or
(3) Deserts, abandons or runs away from his home or usual place of abode,
and is in need of care or rehabilitation. The child must not be considered a delinquent.
(b) Concerning any child living or found within the county who has committed a delinquent act. A child commits a delinquent act if he violates a county or municipal ordinance or any rule or regulation having the force of law, or he commits an act designated a crime under the law of the State of Nevada . [except:
(1) Murder or attempted murder or any related crime arising out of the same facts as the murder or attempted murder.
(2) If the child has been previously adjudicated delinquent for committing an offense which would have been a felony if committed in this state by an adult and the child was 16 years of age or older at the time of the alleged offense:
(I) A sexual assault involving the use or threatened use of force or violence against the victim; or
(II) Any offense involving the use or threatened use of a deadly weapon or an attempt to commit such an offense.]
(c) Concerning any child in need of commitment to an institution for the mentally retarded.
2. For the purposes of subsection 1, each of the following acts shall be deemed not to be a delinquent act, and the court does not have jurisdiction of a person who is charged with committing such an act:
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, regardless of the nature of the related offense.
(b) Sexual assault or attempted sexual assault involving the use or threatened use of force or violence against the victim and any other related offense arising out of the same facts as the sexual assault or attempted sexual assault, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the sexual assault or attempted sexual assault was committed; and
(2) Before the sexual assault or attempted sexual assault was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(c) An offense or attempted offense involving the use or threatened use of a firearm and any other related offense arising out of the same facts as the offense or attempted offense involving the use or threatened use of a firearm, regardless of the nature of the related offense, if:
(1) The person was 16 years of age or older when the offense or attempted offense involving the use or threatened use of a firearm was committed; and
(2) Before the offense or attempted offense involving the use or threatened use of a firearm was committed, the person previously had been adjudicated delinquent for an act that would have been a felony if committed by an adult.
(d) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
3. If a child is charged with a minor traffic offense, the court may transfer the case and record to a justice's or municipal court if the judge determines that it is in the best interest of the child. If a case is so transferred:
(a) The restrictions set forth in subsection 4 of NRS 62.170 are applicable in those proceedings; and
(b) The child must be accompanied at all proceedings by a parent or legal guardian.
With the consent of the judge of the juvenile division, the case may be transferred back to the juvenile court.
Sec. 4. NRS 62.080 is hereby amended to read as follows:
62.080 1. Except as otherwise provided in subsection 2 [if a child 14 years of age or older] and section 1 of this act:
(a) If a child is charged with an offense [which] 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,
the juvenile [division of the district] 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 [which] that would have jurisdiction to try the offense if committed by an adult . [, but a child must not be so certified unless he was 14 years of age or older at the time he allegedly committed the offense charged.]
2. If a child [14 years of age or older is] :
(a) Is charged with:
(1) A sexual assault involving the use or threatened use of force or violence against the victim; or
[(b) Any offense]
(2) An offense or attempted offense involving the use or threatened use of a [deadly weapon or an attempt to commit such an offense,
and the] firearm; and
(b) The child was 14 years of age or older at the time he allegedly committed the offense , [charged,]
the juvenile [division of the district court, after] court, upon a motion by the district attorney and after a full investigation, shall certify the child for proper criminal proceedings to any court [which] 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 was not a principal actor in the offense or that exceptional circumstances exist because 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 division.
3. [Except as otherwise provided in subsection 4, after such] 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 [proper] criminal proceedings as an adult pursuant to subsection 1 or 2 and his case has been transferred out of the juvenile [division,] court, original jurisdiction of his person for that case [and any offense with which he is later charged] rests with the court [which would have jurisdiction of the offense if the offense were committed by an adult , and he may thereafter] to which the case has been transferred, and the child may petition for transfer of his case back to the juvenile [division] court only upon a showing of exceptional circumstances. If [a child is remanded to the juvenile division,] the child's case is transferred back to the juvenile court, the judge of that [division] court shall determine whether the exceptional circumstances warrant accepting jurisdiction.
[4. If a child is certified as an adult pursuant to subsection 1, original jurisdiction of his person for any offense with which he is later charged does not rest with the court which would have jurisdiction of the offense if the offense were committed by an adult if the case that was transferred out of the juvenile division is dismissed or he is found not guilty of those charges.]
Sec. 5. NRS 62.216 is hereby amended to read as follows:
62.216 1. A child adjudicated [under] pursuant to this chapter is not a criminal and any adjudication is not a conviction, and a child may be charged with a crime or convicted in any other court only as provided in NRS 62.080 [.] and section 1 of this act.
2. An adjudication [under] pursuant to this chapter upon the status of a child does not impose any of the civil disabilities ordinarily resulting from conviction, and the disposition of a child or any evidence given in court must not be used to disqualify the child in any future application for or appointment to the civil service.
Sec. 6. NRS 62.060 is hereby repealed.
Sec. 7. The amendatory provisions of this act do not apply to offenses that are committed before October 1, 1997.
Sec. 8. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.
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