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AN ACT relating to crimes and punishments. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 635.020 is amended to read as follows: 3
(1) If, prior to an adjudicatory hearing, there is a reasonable cause to believe that a 4
child before the court has committed a felony other than those described in 5
subsections (2) and (3) of this section, a misdemeanor, or a violation, the court shall 6
initially proceed in accordance with the provisions of this chapter. 7
(2) If a child charged with a capital offense, Class A felony, or Class B felony, had 8
attained age fourteen (14) at the time of the alleged commission of the offense, the 9
court shall, upon motion of the county attorney made prior to adjudication, and after 10
the county attorney has consulted with the Commonwealth's attorney, that the child 11
be proceeded against as a youthful offender, proceed in accordance with the 12
provisions of KRS 640.010. 13
(3) If a child charged with a Class C or Class D felony has on one (1) prior separate 14
occasion been adjudicated a public offender for a felony offense and had attained 15
the age of sixteen (16) at the time of the alleged commission of the offense, the 16
court shall, upon motion of the county attorney made prior to adjudication, and after 17
the county attorney has consulted with the Commonwealth's attorney, that the child 18
be proceeded against as a youthful offender, proceed in accordance with the 19
provisions of KRS 640.010. 20
(4) (a) If a child charged with a felony[ in which a firearm, whether functional or not, 21
was used by the child in the commission of the offense] had attained the age 22
of fourteen (14) years at the time of the commission of the alleged offense in 23
which a firearm, whether functional or not, was used by the child in the 24
commission of the offense, the court shall, upon motion of the county 25
attorney made prior to adjudication, and after the county attorney has 26
consulted with the Commonwealth's attorney, that the child be proceeded 27 UNOFFICIAL COPY 24 RS SB 20/EN
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against as a youthful offender, proceed in accordance with KRS 640.010. 1
(b) 1. Any other provision of KRS Chapters 610 to 645 to the contrary 2
notwithstanding, if a child charged with a Class A, B, or C felony had 3
attained the age of fifteen (15) years at the time of the commission of 4
the alleged offense in which a firearm, whether functional or not, was 5
used by the child in the commission of the offense, the court shall, 6
upon motion of the county attorney made prior to adjudication and 7
after consultation with the Commonwealth's attorney, that the child be 8
proceeded against as a youthful offender, proceed in accordance with 9
subparagraph 2. of this paragraph. 10
2. The child shall be transferred to the Circuit Court for trial as an adult 11
if, following a preliminary hearing, the District Court finds probable 12
cause to believe that: 13
a. The child committed a Class A, B, or C felony; 14
b. A firearm was used by the child in the commission of that felony; 15
and 16
c. The child was fifteen (15) years of age or older at the time of the 17
commission of the alleged felony. 18
3. a. After consulting with the county attorney, the Commonwealth's 19
attorney may transfer the child back to District Court if the 20
Commonwealth's attorney determines that it is in the best 21
interest of the public and the child to do so. 22
b. After considering the factors in KRS 640.010(2)(c), the Circuit 23
Court may transfer the child back to District Court if the Circuit 24
Court finds that less than two (2) factors specified in KRS 25
640.010(2)(c) favor keeping the child in Circuit Court. 26
4. If convicted in the Circuit Court, he or she shall be subject to the same 27 UNOFFICIAL COPY 24 RS SB 20/EN
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penalties as an adult offender, except that until he or she reaches the 1
age of eighteen (18) years, he or she shall be confined in a facility for 2
juveniles or for youthful offenders, unless the provisions of KRS 3
635.025 apply or unless he or she is released pursuant to expiration of 4
sentence or parole, and at age eighteen (18) he or she shall be 5
returned to the sentencing Circuit Court for proceedings consistent 6
with KRS 640.030(2). 7
5. If convicted in the Circuit Court and he or she is returned to the 8
sentencing Circuit Court for proceedings consistent with KRS 9
640.030(2), he or she shall not be eligible for probation or conditional 10
discharge. 11
(5) If a child previously convicted as a youthful offender under the provisions of KRS 12
Chapter 640 is charged with a felony allegedly committed prior to his or her 13
eighteenth birthday, the court shall, upon motion of the county attorney made prior 14
to adjudication, and after the county attorney has consulted with the 15
Commonwealth's attorney, that the child be proceeded against as a youthful 16
offender, proceed in accordance with the provisions of KRS 640.010. 17
(6) A child who is charged as is provided in subsection (2) of this section and is also 18
charged with a Class C or D felony, a misdemeanor, or a violation arising from the 19
same course of conduct shall have all charges included in the same proceedings; 20
and the court shall, upon motion of the county attorney made prior to adjudication, 21
and after the county attorney has consulted with the Commonwealth's attorney, that 22
the child be proceeded against as a youthful offender, proceed in accordance with 23
the provisions of KRS 640.010. 24
(7) If a person who is eighteen (18) or older and before the court is charged with a 25
felony that occurred prior to his or her eighteenth birthday, the court shall, upon 26
motion of the county attorney made prior to adjudication, and after the county 27 UNOFFICIAL COPY 24 RS SB 20/EN
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attorney has consulted with the Commonwealth's attorney, that the child be 1
proceeded against as a youthful offender, proceed in accordance with the provisions 2
of KRS 640.010. 3
(8) All offenses arising out of the same course of conduct shall be tried with the felony 4
arising from that course of conduct, whether the charges are adjudicated under this 5
chapter or under KRS Chapter 640 and transferred to Circuit Court. 6