AB 158 — Revises provisions governing criminal procedures for certain juvenile offenders who are also victims of certain crimes. (BDR 14-143)

(Reprinted with amendments adopted on April 15, 2019) FIRST REPRINT A.B.

Existing law provides that if a person is convicted as an adult for an offense that(1) theis personrequired committedto whenconsider hethe ordifferences shebetween wasjuvenile lessand thanadult 18offenders; years of age, the court:

(1)and is(2) requiredafter toconsidering considersuch thedifferences, differencesis betweenauthorized juvenileto andreduce adultthe offenders;person’s sentence.

and (NRS 176.017) Section 1 of this bill additionally provides that if a person isentence.is convicted as an adult for an offense that the person committed when he or she was less than 18 years of age and the court finds by clear and convincing evidence that, person was a victim of sex trafficking or sexual assault and committed the offense against his or her abuser, the court is authorized to:

convicted(1) asdepart anfrom adultany formandatory an offense that the person committed when he or she was less than 18 years of age and the court finds by clear and convincing evidence that, during the 1-year period immediately preceding the commission of the offense, the person was a victim of sex trafficking or sexual assault and committed the offense minimum sentence or mandatory additional penalty;

(2) suspend any portion of anatoryan otherwise applicable sentence;

or (3) ifboth. the person is less than 21 years of age, deem the person to have committed a delinquent act and transfer the case to the juvenile court for proper disposition.

- *AB158* – 2 – Section 3 of this bill specifies that such provisions apply to an offense committed:

- *AB158_R1* – 2 – W HEREAS , In the United States, child protective services agencies have estimated that 63,000 children each year are victims of sexual abuse;

and W HEREAS , In 93 percent of reported cases involving the sexual abuse of a child in the United States, the victim knows the abuser;

now, therefore, - *AB158* – 3 – THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

4 Section 1.

Notwithstanding any other provision of law, if a person is convicted as an adult for an offense that the person committed when he or she was less than 18 years of age and the court finds by clear and convincing evidence that, at any time during the 1-- year*AB158_R1* – 3 – 1-year period immediately preceding the commission of the offense, the person against whom the offense was committed trafficked the person who committed the offense in violation of subsection 2 of NRS 201.300 or sexually assaulted the person who committed the offense in violation of NRS 200.366, the court may, in its discretion:discretion, take either or both of the following actions:

TakeDepart eitherfrom orany bothmandatory ofminimum thesentence followingor actions:mandatory additional penalty;

(a) Depart from any mandatory minimum sentence or mandatory additional penalty;

or (b) Suspend any portion of an otherwise applicable sentence;

IfSuspend theany personportion is less than 21 years of age,an deemotherwise theapplicable personsentence. to have committed a delinquent act and transfer the case to the juvenile court for proper disposition.

2.

NRS 62B.330 is hereby amended to read as follows:

62B.330 1.

Except as otherwise provided in this title, the juvenile court has exclusive original jurisdiction over a child living or found within the county who is alleged or adjudicated to have committed a delinquent act.

2.

For the purposes of this section, a child commits a delinquent act if the child:

(a) Violates a county or municipal ordinance other than those specified in paragraph (f) or (g) of subsection 1 of NRS 62B.320 or an offense related to tobacco;

(b) Violates any rule or regulation having the force of law;

or (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.

[For]The Exceptamendatory asprovisions otherwiseof provided in section 1 of this act,act forapply theto: purposes of this section, each of the following acts shall be deemed not to be a delinquent act, and the juvenile court does not have jurisdiction over 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, if the person was - *AB158* – 4 – 16 years of age or older when the murder or attempted murder was committed.

(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) A felony resulting in death or substantial bodily harm to the victim and any other related offense arising out of the same facts as the fe(1) The felony was committed on the property of a public or private school when pupils or employees of the school were present or may have been present, at an activity sponsored by a public or private school or on a school bus while the bus was engaged in its official duties;

and (2) The person intended to create a great risk of death or substantial bodily harm to more than one person by means of a weapon, device or course of action that would normally be hazardous to the lives of more than one person.

(e) A category A or B felony and any other related offense arising out of the same facts as the category A or B felony, regardless of the nature of the related offense, if the person was at least 16 years of age but less than 18 years of age when the offense was committed, and:

(1) The person is not identified by law enforcement as having committed the offense and charged before the person is at least 20 years, 3 months of age, but less than 21 years of age;

or - *AB158* – 5 – (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.

(f) Any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.