Nebraska Revised Statute 43-246.01

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Chapter 43

43-246.01.

Juvenile court; exclusive original and concurrent original jurisdiction.

The juvenile court shall have:

(1) Exclusive original jurisdiction as to:

(a) Any juvenile described in subdivision (3) or (11) of section 43-247;

(b) Any juvenile who was under sixteen years of age at the time the alleged offense was committed and the offense falls under subdivision (1) of section 43-247;

(c) A party or proceeding described in subdivision (5) or (7) of section 43-247; and

(d) Any juvenile who was under fourteen years of age at the time the alleged offense was committed and the offense falls under subdivision (2) of section 43-247;

(2) Exclusive original jurisdiction as to:

(a) Beginning January 1, 2015, any juvenile who is alleged to have committed an offense under subdivision (1) of section 43-247 and who was sixteen years of age at the time the alleged offense was committed, and beginning January 1, 2017, any juvenile who is alleged to have committed an offense under subdivision (1) of section 43-247 and who was sixteen years of age or seventeen years of age at the time the alleged offense was committed; and

(b) Any juvenile who was fourteen years of age or older at the time the alleged offense was committed and the offense falls under subdivision (2) of section 43-247 except offenses enumerated in subdivision (1)(a)(ii) of section 29-1816.

Proceedings initiated under this subdivision (2) may be transferred as provided in section 43-274; and

(3) Concurrent original jurisdiction with the county court or district court as to:

(a) Any juvenile described in subdivision (4) of section 43-247;

(b) Any proceeding under subdivision (6), (8), (9), or (10) of section 43-247;

(c) Any juvenile described in subdivision (1)(a)(ii) of section 29-1816; and

(d) Until January 1, 2017, any juvenile who is alleged to have committed an offense under subdivision (1) of section 43-247 and who was seventeen years of age at the time the alleged offense was committed.

Proceedings initiated under this subdivision (3) may be transferred as provided in section 43-274.

Annotations

  • Pursuant to subdivision (3)(c) of this section, whether a juvenile court has jurisdiction over a person is determined not by the person's age at the time of the offense, but, rather, by the person's age at the time he or she is charged for the offense. State v. Pauly, 311 Neb. 418, 972 N.W.2d 907 (2022).

  • County courts have not been given authority to decide motions to transfer to juvenile court in cases in which they lack jurisdiction to try the case. State v. A.D., 305 Neb. 154, 939 N.W.2d 484 (2020).

  • A city or county attorney has authority to seek a transfer to the criminal court when both the juvenile court and the criminal court have statutory jurisdiction; the county court and district court have statutory jurisdiction over criminal matters, except in those instances where the Legislature has preserved such matters to the exclusive jurisdiction of the juvenile court, such as in subdivision (1) of this section. In re Interest of Luis D., 29 Neb. App. 495, 956 N.W.2d 25 (2021).

  • A juvenile fitting into the categories described in subdivisions (1) and (2) of this section must always be commenced in the juvenile court; however, proceedings initiated under subdivision (2) of this section are subject to transfer to the county or district court for further proceedings under the criminal code. In re Interest of Luis D., 29 Neb. App. 495, 956 N.W.2d 25 (2021).

  • Actions involving juveniles fitting into categories under subdivision (3) of this section may be initiated either in the juvenile court or in the county or district court and may be transferred as provided in section 43-274. In re Interest of Luis D., 29 Neb. App. 495, 956 N.W.2d 25 (2021).

  • Proceedings fitting under subdivision (1) of this section must always be filed via a juvenile petition and must always proceed to completion in the juvenile court. In re Interest of Luis D., 29 Neb. App. 495, 956 N.W.2d 25 (2021).

  • Subsection (3) of this section grants concurrent jurisdiction to the juvenile court and the county or district court over juvenile offenders who (1) are 11 years of age or older and commit a traffic offense that is not a felony or (2) are 14 years of age or older and commit a Class I, IA, IB, IC, ID, II, or IIA felony. State v. Comer, 26 Neb. App. 270, 918 N.W.2d 13 (2018).