Assembly Bill No. 60–Committee on Judiciary

 

CHAPTER..........

 

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:

 

    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,

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,

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.

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

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

to the Supreme Court in the same manner as appeals in civil cases

are taken.

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

certification of a child for criminal proceedings as an adult is a

final judgment from which an appeal may be taken.

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

decision to deny certification of a child for criminal proceedings as

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

 

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