Kansas 2025-2026 Regular Session

Kansas House Bill HB2350 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	Session of 2025
2	2	HOUSE BILL No. 2350
3	3	By Committee on Judiciary
4	4	Requested by Representative Martinez on behalf of Representative Carr
5	5	2-7
6	6	AN ACT concerning the revised Kansas juvenile justice code; relating to
7	7	the prosecution of juveniles as adults; providing that no juvenile less
8	8	than 18 years of age shall be prosecuted as an adult; amending K.S.A.
9	9	38-2347 and repealing the existing section.
10	10	Be it enacted by the Legislature of the State of Kansas:
11	11	Section 1. K.S.A. 38-2347 is hereby amended to read as follows: 38-
12	12	2347. (a) (1) Except as otherwise provided in this section, at any time after
13	13	commencement of proceedings under this code against a juvenile and prior
14	14	to the beginning of an evidentiary hearing at which the court may enter a
15	15	sentence as provided in K.S.A. 38-2356, and amendments thereto, the
16	16	county or district attorney or the county or district attorney's designee may
17	17	file a motion requesting that the court authorize prosecution of the juvenile
18	18	as an adult under the applicable criminal statute. The juvenile shall be
19	19	presumed to be a juvenile, and the presumption must be rebutted by a
20	20	preponderance of the evidence. No juvenile less than 14 18 years of age
21	21	shall be prosecuted as an adult.
22	22	(2) At any time after commencement of proceedings under this code
23	23	against a juvenile offender for an offense which that, if committed by an
24	24	adult, would constitute an off-grid felony or a nondrug severity level 1
25	25	through 4 person felony, and prior to the beginning of an evidentiary
26	26	hearing at which the court may enter a sentence as provided in K.S.A. 38-
27	27	2356, and amendments thereto, the county or district attorney or the
28	28	county or district attorney's designee may file a motion requesting that the
29	29	court designate the proceedings as an extended jurisdiction juvenile
30	30	prosecution.
31	31	(3) If the county or district attorney or the county or district attorney's
32	32	designee files a motion to designate the proceedings as an extended
33	33	jurisdiction juvenile prosecution, the burden of proof is on the prosecutor
34	34	to prove the juvenile should be designated as an extended jurisdiction
35	35	juvenile.
36	36	(b) (1) Upon receiving the motion, the court shall set a time and place
37	37	for hearing. The court shall give notice of the hearing to the juvenile, each
38	38	parent, if service is possible, and the attorney representing the juvenile.
39	39	The motion shall be heard and determined prior to any further proceedings
40	40	1
41	41	2
42	42	3
43	43	4
44	44	5
45	45	6
46	46	7
47	47	8
48	48	9
49	49	10
50	50	11
51	51	12
52	52	13
53	53	14
54	54	15
55	55	16
56	56	17
57	57	18
58	58	19
59	59	20
60	60	21
61	61	22
62	62	23
63	63	24
64	64	25
65	65	26
66	66	27
67	67	28
68	68	29
69	69	30
70	70	31
71	71	32
72	72	33
73	73	34
74	74	35 HB 2350 2
75	75	on the complaint.
76	76	(2) At the hearing, the court shall inform the juvenile of the
77	77	following:
78	78	(A) The nature of the charges in the complaint;
79	79	(B) the right of the juvenile to be presumed innocent of each charge;
80	80	(C) the right to trial without unnecessary delay and to confront and
81	81	cross-examine witnesses appearing in support of the allegations of the
82	82	complaint;
83	83	(D) the right to subpoena witnesses;
84	84	(E) the right of the juvenile to testify or to decline to testify; and
85	85	(F) the sentencing alternatives the court may select as the result of the
86	86	juvenile being prosecuted under an extended jurisdiction juvenile
87	87	prosecution.
88	88	(c) If the juvenile fails to appear for hearing on the motion after
89	89	having been served with notice of the hearing, the court may hear and
90	90	determine the motion in the absence of the juvenile. If the court is unable
91	91	to obtain service of process and give notice of the hearing, the court may
92	92	hear and determine the motion in the absence of the alleged juvenile
93	93	offender after having given notice of the hearing at least once a week for
94	94	two consecutive weeks in the official county newspaper of the county
95	95	where the hearing will be held.
96	96	(d) In determining whether or not prosecution as an adult should be
97	97	authorized or designating the proceeding as an extended jurisdiction
98	98	juvenile prosecution, the court shall consider each of the following factors:
99	99	(1) The seriousness of the alleged offense and whether the protection
100	100	of the community requires prosecution as an adult or designating the
101	101	proceeding as an extended jurisdiction juvenile prosecution;
102	102	(2) whether the alleged offense was committed in an aggressive,
103	103	violent, premeditated or willful manner;
104	104	(3) whether the offense was against a person or against property.
105	105	Greater weight shall be given to offenses against persons, especially if
106	106	personal injury resulted;
107	107	(4) the number of alleged offenses unadjudicated and pending against
108	108	the juvenile;
109	109	(5) the previous history of the juvenile, including whether the
110	110	juvenile had been adjudicated a juvenile offender under this code or the
111	111	Kansas juvenile justice code and, if so, whether the offenses were against
112	112	persons or property, and any other previous history of antisocial behavior
113	113	or patterns of physical violence;
114	114	(6) the sophistication or maturity of the juvenile as determined by
115	115	consideration of the juvenile's home, environment, emotional attitude,
116	116	pattern of living or desire to be treated as an adult;
117	117	(7) whether there are facilities or programs available to the court
118	118	1
119	119	2
120	120	3
121	121	4
122	122	5
123	123	6
124	124	7
125	125	8
126	126	9
127	127	10
128	128	11
129	129	12
130	130	13
131	131	14
132	132	15
133	133	16
134	134	17
135	135	18
136	136	19
137	137	20
138	138	21
139	139	22
140	140	23
141	141	24
142	142	25
143	143	26
144	144	27
145	145	28
146	146	29
147	147	30
148	148	31
149	149	32
150	150	33
151	151	34
152	152	35
153	153	36
154	154	37
155	155	38
156	156	39
157	157	40
158	158	41
159	159	42
160	160	43 HB 2350 3
161	161	which are likely to rehabilitate the juvenile prior to the expiration of the
162	162	court's jurisdiction under this code; and
163	163	(8) whether the interests of the juvenile or of the community would
164	164	be better served by criminal prosecution or extended jurisdiction juvenile
165	165	prosecution.
166	166	The insufficiency of evidence pertaining to any one or more of the
167	167	factors listed in this subsection, in and of itself, shall not be determinative
168	168	of the issue. Subject to the provisions of K.S.A. 38-2354, and amendments
169	169	thereto, written reports and other materials relating to the juvenile's
170	170	mental, physical, educational and social history may be considered by the
171	171	court.
172	172	(e) (1) The court may authorize prosecution as an adult upon
173	173	completion of the hearing if the court finds from a preponderance of the
174	174	evidence that the alleged juvenile offender should be prosecuted as an
175	175	adult for the offense charged. In that case, the court shall direct the alleged
176	176	juvenile offender be prosecuted under the applicable criminal statute and
177	177	that the proceedings filed under this code be dismissed.
178	178	(2) The court may designate the proceeding as an extended
179	179	jurisdiction juvenile prosecution upon completion of the hearing if the
180	180	court finds from a preponderance of the evidence that the juvenile should
181	181	be prosecuted under an extended jurisdiction juvenile prosecution.
182	182	(3) After a proceeding in which prosecution as an adult is requested
183	183	pursuant to subsection (a)(2), and prosecution as an adult is not authorized,
184	184	the court may designate the proceedings to be an extended jurisdiction
185	185	juvenile prosecution.
186	186	(4) A juvenile who is the subject of an extended jurisdiction juvenile
187	187	prosecution shall have the right to a trial by jury, to the effective assistance
188	188	of counsel and to all other rights of a defendant pursuant to the Kansas
189	189	code of criminal procedure. Each court shall adopt local rules to establish
190	190	the basic procedures for extended jurisdiction juvenile prosecution in such
191	191	court's jurisdiction.
192	192	Sec. 2. K.S.A. 38-2347 is hereby repealed.
193	193	Sec. 3. This act shall take effect and be in force from and after its
194	194	publication in the statute book.
195	195	1
196	196	2
197	197	3
198	198	4
199	199	5
200	200	6
201	201	7
202	202	8
203	203	9
204	204	10
205	205	11
206	206	12
207	207	13
208	208	14
209	209	15
210	210	16
211	211	17
212	212	18
213	213	19
214	214	20
215	215	21
216	216	22
217	217	23
218	218	24
219	219	25
220	220	26
221	221	27
222	222	28
223	223	29
224	224	30
225	225	31
226	226	32
227	227	33
228	228	34