Nevada 2021 Regular Session Status: Enacted Bipartisan · 15 D · 4 R cosponsors

AB 230 — Revises provisions relating to juvenile justice. (BDR 5-791)

Last action — Chapter 515.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 10, 2021. Enacted.

Prognosis

Likely to advance 78% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 30 sponsors

    8 primary, 22 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (15 D · 4 R) — cross-party backing.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

160 added · 211 removed

160 line(s) added, 211 removed.

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EXEMPT (Reprinted with amendments adopted on April 14, 2021) FIRST REPRINT A.B.
Assembly Bill No.
230 A SSEMBLY B ILLN O.
230–Assemblymen C.H.
230–ASSEMBLYMEN C.H.
Miller, Torres, Nguyen, Flores, Considine;
M ILLER, TORRES, N GUYEN , FLORES , CONSIDINE ;
Anderson, Bilbray-Axelrod, Cohen, Duran, González, Hansen, Hardy, Kasama, Krasner, Martinez, Marzola, Monroe-Moreno, O’Neill, Orentlicher, Summers-Armstrong, Thomas, Watts, Wheeler and Yeager Joint Sponsors:
A NDERSON , B ILBRAY- A XELROD , OHEN , DURAN , GONZÁLEZ , HANSEN, HARDY , K ASAMA , K RASNER, M ARTINEZ , M ARZOLA , M ONROE - M ORENO , O’N EIL, O RENTLICHER, SUMMERS - A RMSTRONG , THOMAS , WATTS, WHEELER AND YEAGER M ARCH 10, 2021 ____________ JOINTSPONSORS :
Senators Ohrenschall, Neal, Spearman;
ENATORS OHRENSCHALL , EAL , PEARMAN ;
Denis, Donate and D.
DENIS, DONATE AND D.
Harris CHAPTER..........
HARRIS ____________ Referred to Committee on Judiciary SUMMARY—Revises provisions relating to juvenile justice.
(BDR 5-791) FISCAL NOTE:
EEffect on the State:
Yes.:
May have Fiscal Impact.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring the Legislative Committee on Child Welfare and Juvenile Justice to conduct an interim study concerning the need for and cost of infrastructure for housing certain youthful offenders;
Existing law provides that the juvenile court has exclusive jurisdiction over a child who is alleged to have committed an act designated as a delinquent act, unless the child is alleged to have committed an offense for which the juvenile court may certify the child for criminal proceedings as an adult and the juvenile court certifies and after a full investigation.
Existing law provides that the juvenile court has exclusive jurisdiction over a child who is alleged to have committed an act designated as a delinquent act, unless the child is alleged to have committed an offense for which the juvenile court may certify the child for criminal proceedings as an adult and the juvenile court certifies the child for criminal proceedings as an adult upon a motion by the district attorney related conditions are not considered delinquent acts and are therefore excluded- from the jurisdiction of the juvenile court such as:
(NRS 62B.330, 62B.390) Certain offenses with age-rney related conditions are not considered delinquent acts and are therefore excluded from the jurisdiction of the juvenile court such as:
(1) murder and attempted murder;
(1) murder and attempted - *AB230_R1* – 2 – murder;
(4) certain felonies resulting in death or substantial bodily harm on the property of a school, at an felonies;
(4) certain felonies resulting in death or substantial bodily harm on the property of a school, at an activity sponsored by a school or on a school bus;
and (6) any other offense if, before the offense was committed, the person previously had been convicted of a criminal offense.
(5) other category A and B previously had been convicted of a criminal offense.
(NRS 62B.330) Section 2 of this bill eliminates the exclusions of:
(NRS 62B.330) Section 2 oferson this bill eliminates the exclusions of:
and (2) an offense or attempted offense involving the use or threatened use of a firearm from the jurisdiction of the juvenile court, thereby retaining such offenses under the jurUnder existing law, the juvenile court is required to certify a child for criminal proceedings as an adult upon a motion by the district attorney and after a full investigation if the child:
and (2) an offense or attempted offense involving the use or threatened use of a firearm from the jurisdiction of the juvenile court, thereby retaining such offenses under the jurisdiction of the juvenile court.
Under existing law, the juvenile court is required to certify a child for criminal investigation if the child:
(NRS 62B.390) these offenses and provides instead for the discretionary certification of a child foror criminal proceedings as an adult for all offenses over which the juvenile court has exclusive jurisdiction.
(NRS 62B.390) Section 4 of this bill eliminates the mandatory certification of a child as an adult for these offenses and provides instead for the discretionary certification of a child for exclusive jurisdiction.
Section 7.5 of this bill requires the Legislative Committee on Child Welfare and Juvenile Justice to conduct a study during the 2021-2022 interim concerning the need for and cost of infrastructure for housing certain youthful offenders.
an adult for all offenses over which the juvenile court has - 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
(b) Violates any rule or regulation having the force of law;
(c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.
or (c) Commits an act designated a criminal offense pursuant to the laws of the State of Nevada.
(a) Murder or attempted murder and any other related offense arising out of the same facts as the murder or attempted murder, - *AB230_R1* – 3 – regardless of the nature of the related offense, if the person was 16 years of age or older when the murder or attempted murder was committed.
(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 16 years of age or older when the murder or attempted murder was committed.
(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:
(c) An offense or attempted offense involving the use or of the same facts as the offense or attempted offense involving theut 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;
- 81st Session (2021) – 3 – or attempted offense involving the use or threatened use of a firearm was committed;
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.
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 hazardous to the lives of more than one person.ormally be [(e)] (c) 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:
[(e)] (c) 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:
or - *AB230_R1* – 4 – (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.
or (2) The person is not identified by law enforcement as having committed the offense until the person reaches 21 years of age.
(Deleted by amendment.) Sec.
(Deleted by amendment.) 62B.390 N1.
4.
NRS 62B.390 is hereby amended to read as follows:
62B.390 1.
or (b) Is charged with murder or attempted murder and was 13 years of age or older when the murder or attempted murder was committed.
or - 81st Session (2021) – 4 – years of age or older when the murder or attempted murder was committed.
The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court specifically finds by clear and convincing evidence that:
The juvenile court shall not certify a child for criminal proceedings as an adult pursuant to subsection 2 if the juvenile court spe(a) The child is developmentally or mentally incompetent to understand the situation and the proceedings of the court or to aid the child’s attorney in those proceedings;
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(a) The child is developmentally or mentally incompetent to understand the situation and the proceedings of the court or to aid the child’s attorney in those proceedings;
4.] If a child is certified for criminal proceedings as an adult pursuant to subsection 1 , [or 2,] the juvenile court shall also certify the child for criminal proceedings as an adult for any other related - *AB230_R1* – 5 – 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 is certified for criminal proceedings as an adult pursuant to subsection 1 , [or 2,] the juvenile 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.
(a) The court to which the case has been transferred has original jurisdiction over the child;
jurisdiction over the child;e case has been transferred has original (b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances;
(b) The child may petition for transfer of the case back to the juvenile court only upon a showing of exceptional circumstances;
Sec.
Secs.
5.
5-7 and 7.5.
(Deleted by amendment.) Sec.
(Deleted by amendment.) - 81st Session (2021) – 5 – Sec.
6.
(Deleted by amendment.) Sec.
7.
(Deleted by amendment.) Sec.
7.5.
1.
The Legislative Committee on Child Welfare and Juvenile Justice created by NRS 218E.705 shall conduct a study during the 2021-2022 interim concerning the need for and cost of infrastructure associated with housing juveniles awaiting certification for criminal proceedings as an adult in this State.
The study must include, without limitation, a review of:
(a) The current placement of juveniles awaiting certification for criminal proceedings as an adult;
(b) The current placement of juveniles excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330;
(c) The cost associated with the current placement of juveniles awaiting certification for criminal proceedings as an adult;
(d) The costs associated with housing all current juveniles excluded from the jurisdiction of the juvenile court pursuant to NRS 62B.330;
(e) The costs associated with placing all juveniles subject to potential transfer to the criminal justice system in a facility for juveniles;
and (f) The facilities, services and programs available for juveniles subject to transfer to the criminal justice system.
2.
Not later than October 1, 2022, the Committee shall prepare a report of its findings and any recommendations for legislation to the Director of the Legislative Counsel Bureau.
Sec.
H - *AB230_R1*
~~~~~ 21 - 81st Session (2021)
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How this bill changes current law

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AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill eliminates certain exclusions that prevent juvenile courts from having jurisdiction over specific offenses, allowing them to retain jurisdiction over sexual assault and firearm-related offenses.

  • NRS 62B.330

    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.

    The bill removes the exclusion of sexual assault from juvenile court jurisdiction.

  • NRS 62B.330

    An 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.

    The bill also removes the exclusion of firearm-related offenses from juvenile court jurisdiction.

  • NRS 62B.390

    Except as otherwise provided in subsection 2 and NRS 62B.400, upon a motion by the district attorney and after a full investigation, the juvenile court shall certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the 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 16 years of age or older at the time the child allegedly committed the offense. → The juvenile court may certify a child for proper criminal proceedings as an adult to any court that would have jurisdiction to try the offense if committed by an adult, if the child: (a) Is charged with an offense that would have been a felony if committed by an adult and was 14 years of age or older at the time the child allegedly committed the offense.

    The bill changes mandatory certification for certain offenses to discretionary certification.

Amendments

2 amendments

Click Show changes on an amendment above to see how it modifies the bill.

Action History

  1. Chapter 515.

  2. Approved by the Governor.

  3. Enrolled and delivered to Governor.

  4. Read third time. Passed. Title approved. (Yeas: 21, Nays: None.) To Assembly. In Assembly. To enrollment.

  5. From committee: Do pass. Placed on Second Reading File. Read second time.

  6. From printer. To reengrossment. Reengrossed. Second reprint. To Senate. In Senate. Read first time. Referred to Committee on Finance. To committee.

  7. From committee: Amend, and do pass as amended. Placed on General File. Read third time. Amended. (Amend. No. 781.) Dispensed with reprinting. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 41, Nays: None, Excused: 1.) To printer.

  8. From printer. To engrossment. Engrossed. First reprint. To committee.

  9. Read second time. Amended. (Amend. No. 143.) Rereferred to Committee on Ways and Means. Exemption effective. To printer.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Taken from Second Reading File. Placed on Second Reading File for next legislative day.

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Judiciary. To printer.

Sponsors

Sponsorship breakdown

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8 sponsors · 22 co-sponsors · 37 not signed on

Sponsors (8)

Co-sponsors (22)

Not signed on (37)

37 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights education
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Frequently asked questions

Who sponsors AB 230?
AB 230 is sponsored by Torres-Fossett, Selena (Democratic), Nguyen, Rochelle T. (Democratic), Flores, Edgar (Democratic), Considine, Venicia (Democratic), Ohrenschall, James (Democratic), Neal, Dina (Democratic), Anderson, Natha C. (Democratic), González, Cecelia (Democratic), Hansen, Alexis M. (Republican), Hardy, Melissa R.. (Republican), Kasama, Heidi (Republican), Krasner, Lisa (Republican), Susie Martinez, Marzola, Elaine H. (Democratic), Monroe-Moreno, Daniele (Democratic), Philip P.K. O’Neill, Orentlicher, David (Democratic), Clara Thomas, Watts, Howard (Democratic), Yeager, Steve (Democratic), Moises Denis, Doñate, Fabian (Democratic), Miller, Brittney M. (Democratic), Harris, Dallas, Jim Wheeler, Summers-Armstrong, Shondra, Duran, Bea, Cohen, Lesley, Shannon Bilbray-Axelrod, and Pat Spearman.
What is the current status of AB 230?
This bill has been enacted into law. Introduced March 10, 2021. Enacted.
Where can I track AB 230?
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