A.B. 351
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ASSEMBLY BILL NO. 351–COMMITTEE ON JUDICIARY
(ON BEHALF OF THE JOINT INTERIM STANDING
COMMITTEE ON JUDICIARY)
MARCH 3, 2025
____________
Referred to Committee on Judiciary
SUMMARY—Revises provisions relating to the jurisdiction of the
juvenile court over certain offenses. (BDR 5-494)
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 juvenile justice; granting the juvenile court
limited jurisdiction over certain persons who are 21 years
of age or older; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law grants the juvenile court limited jurisdiction over a person who is 1
21 years of age or older if: (1) the person is charged with the commission of a 2
delinquent act that occurred when the person was at least 16 years of age but less 3
than 18 years of age; (2) the delinquent act would have been a category A or B 4
felony if committed by an adult; and (3) certain other requirements are met. (NRS 5
62B.335) The Nevada Supreme Court has held that existing law does not grant any 6
court in this State jurisdiction over a person who is 21 years of age or older who is 7
charged with the commission of certain delinquent acts that occurred when the 8
person was less than 16 years of age. (Zalyaul v. State, 138 Nev. 760 (2022)) 9
Section 1 of this bill addresses this jurisdictional gap by granting the juvenile court 10
limited jurisdiction over a person who is 21 years of age or older if: (1) the person 11
is charged with the commission of a delinquent act that occurred when the person 12
was less than 16 years of age; (2) the delinquent act would have been a category A 13
or B felony if committed by an adult; and (3) certain other requirements are met. 14
Section 1 also grants the juvenile court limited jurisdiction over a person who is 21 15
years of age or older if: (1) the person is charged with the commission of a 16
delinquent act that occurred when the person was at least 16 years of age but less 17
than 18 years of age; (2) the delinquent act would have been a category A or B 18
felony if committed by an adult; and (3) certain other requirements are met. 19
In general, existing law requires the juvenile court to hold a hearing to 20
determine whether the case of a person over whom the juvenile court has limited 21
jurisdiction should be: (1) dismissed; or (2) transferred from the juvenile court to 22
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the district court for criminal proceedings. (NRS 62B.335) By granting the juvenile 23
court limited jurisdiction over a person who is 21 years of age or older who is 24
charged with the commission of a delinquent act that occurred when the person was 25
less than 18 years of age, section 1 requires the juvenile court to hold a hearing to 26
determine whether the case of any such person should be dismissed or transferred 27
to the district court for criminal proceedings. 28
Section 2 of this bill makes the amendatory provisions of section 1 applicable 29
to offenses committed before, on or after the effective date of this bill. 30
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 1
follows: 2
62B.335 1. [If: 3
(a) A] The juvenile court shall conduct a hearing to determine 4
whether there is probable cause to believe that a person [is charged 5
with the commission of] committed a delinquent act [that occurred 6
when the person was at least 16 years of age but less than 18 years 7
of age; 8
(b) The] if the delinquent act would have been a category A or B 9
felony if committed by an adult [; 10
(c)] and the act occurred when the person was: 11
(a) At least 16 years of age but less than 18 years of age if: 12
(1) A petition is filed and a writ of attachment is issued 13
pursuant to NRS 62C.320 before the date on which the person 14
reaches 21 years of age; and 15
(2) The writ is not served before the date on which the 16
person reaches 21 years of age. 17
(b) Less than 16 years of age if: 18
(1) A petition is filed; and 19
(I) A writ of attachment is issued pursuant to NRS 20
62C.320 before the date on which the person reaches 21 years of 21
age; and 22
(II) The writ is not served before the date on which the 23
person reaches 21 years of age; or 24
(2) The person is not identified by law enforcement as 25
having committed the delinquent act before the date on which the 26
person reaches 21 years of age . [; and 27
(d) The person is apprehended by law enforcement after the 28
person reaches 21 years of age, 29
the juvenile court has jurisdiction over the person to conduct a 30
hearing and make the determinations required by this section in 31
accordance with the provisions of this section.] 32
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2. [The juvenile court shall conduct a hearing to determine 1
whether there is probable cause to believe that the person committed 2
the delinquent act. 3
3.] If the juvenile court determines that there is not probable 4
cause to believe that the person committed the delinquent act, the 5
juvenile court shall dismiss the charges and discharge the person. 6
[4.] 3. If the juvenile court determines that there is probable 7
cause to believe that the person committed the delinquent act, the 8
juvenile court shall determine whether, based upon the interests of 9
justice and the need for protection of the public, to: 10
(a) Dismiss the charges; or 11
(b) Transfer the case for proper criminal proceedings to any 12
court that would have jurisdiction over the delinquent act if the 13
delinquent act were committed by an adult. 14
[5.] 4. In determining the interests of justice and the need for 15
protection of the public, the juvenile court shall consider: 16
(a) The number, date, nature and gravity of the delinquent acts 17
committed by the person. 18
(b) Whether the delinquent acts involved the use of a weapon, 19
violence or infliction of serious bodily injury. 20
(c) The impact to any victim of the person. 21
(d) The extent to which the person has already received 22
punishment, counseling, therapy or treatment after the commission 23
of the delinquent acts, and the response of the person to any such 24
punishment, counseling, therapy or treatment. 25
(e) The behavior of the person since the date on which the 26
person committed the delinquent acts, including, without limitation, 27
the character, maturity, educational progress and work history of the 28
person. 29
(f) Any evidence that the person engaged in recent threats 30
against any person or expressed the intent to commit a crime in the 31
future. 32
(g) Psychological or psychiatric evidence that indicates a risk of 33
recidivism. 34
(h) Any emotional or mental health condition that existed at the 35
time of the commission of the delinquent act. 36
(i) Any physical conditions that minimize the risk of recidivism, 37
including, without limitation, physical disability or illness. 38
(j) Any other factor the juvenile court finds relevant. 39
[6.] 5. If the case is transferred for criminal proceedings 40
pursuant to this section, the court shall also transfer any other 41
related offense arising out of the same facts as the delinquent act, 42
regardless of the nature of the related offense. 43
[7.] 6. The court to which the case is transferred has original 44
jurisdiction over the person. 45
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[8.] 7. A person held in custody pursuant to this section must 1
be held in the state prison, a county or city jail or detention facility 2
for adults and is entitled to bail as established in criminal 3
proceedings. 4
Sec. 2. The amendatory provisions of this act apply to offenses 5
committed before, on or after the effective date of this act. 6
Sec. 3. This act becomes effective upon passage and approval. 7
H