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- 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 proper ly 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 perso n 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 existin g 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. 7 60 (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 who m 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 yea rs 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 yea rs
of age;
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(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 del inquent 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 ident ified 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.
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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 he alth 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
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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.
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