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Senate Bill 20

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Legislative History
Last Action	04/10/24: became law without Governor's Signature (Acts Ch. 160)
Title	AN ACT relating to crimes and punishments.
Bill Documents	Acts Chapter 160 Current/Final Introduced
Fiscal Impact Statements	Corrections Impact Local Mandate Additional Fiscal Impact Statements Exist
Bill Request Number	60
Sponsors	M. Deneen, G. Boswell, D. Douglas, G. Elkins, S. Funke Frommeyer, R. Girdler, A. Mays Bledsoe, C. McDaniel, S. Meredith, R. Mills, M. Nemes, D. Thayer, L. Tichenor, S. West, P. Wheeler, G. Williams, M. Wise
Summary of Enacted Version	Amends KRS 635.020 to provide that a child 15 years of age or older who is charged with a Class A, B, or C felony involving the use of a firearm shall be transferred to Circuit Court to be tried as an adult, to provide that the Commonwealth’s attorney may transfer the child back to District Court after consulting with the county attorney, to provides that the Circuit Court may transfer the child back to District Court if the Circuit Court finds that fewer than two of the factors listed in KRS 640.010 favor keeping the child in Circuit Court, and to provide that a child who has been convicted of a Class A, B, or C felony involving the use of a firearm shall not be eligible for probation or conditional discharge in a proceeding consistent with KRS 640.030.
Summary of Original Version	Amend KRS 439.3401 to include in the definition of "violent offender" a person who has been convicted of burglary in the first degree as described in KRS 511.020(1)(a), assault in the second degree as described in KRS 508.020(1)(b) or (c), and wanton endangerment in the first degree as described in KRS 508.060 involving the discharge of a firearm; remove the requirement that the victim of a Class B felony involving criminal attempt to commit murder shall be a clearly identifiable peace officer, firefighter, or emergency medical services provider acting in the line of duty; provide that a violent offender who is convicted of a Class C felony violation of wanton endangerment in the first degree and assault in the second degree as described in KRS 508.020(1)(b) or (c) shall not be released on probation, shock probation, parole, conditional discharge, or other form of early release until he or she has served at least 65 percent of the sentence imposed; amend KRS 508.060 to enhance wanton endangerment in the first degree if the person discharges a firearm in the commission of the offense; amend KRS 635.020 to provide that if a child is 15 years of age or older and is charged with a felony involving the use of a firearm then he or she shall be transferred to Circuit Court to be tried as an adult; provide that a child who has been convicted of a felony involving the use of a firearm shall not be eligible for probation or conditional discharge in a proceeding consistent with KRS 640.030.
Index Headings of Original Version	Crimes and Punishments - Violent offender, offense involving use of a firearm or deadly weapon Crimes and Punishments - Wanton endangerment in the first degree, discharge of a firearm, Class C felony violation Criminal Procedure - Felony involving firearm, transfer to Circuit Court, age 15 or older Criminal Procedure - Violent offender, offense involving use of a firearm or deadly weapon Criminal Procedure - Wanton endangerment in the first degree, discharge of a firearm, Class C felony violation Firearms and Weapons - Violent offender, offense involving use of a firearm or deadly weapon Firearms and Weapons - Wanton endangerment in the first degree, discharge of a firearm, Class C felony violation Children and Minors - Felony involving firearm, transfer to Circuit Court, age 15 or older Corrections Impact - Violent offender, offense involving use of a firearm or deadly weapon Local Mandate - Felony involving firearm, transfer to Circuit Court, age 15 or older
Jump to Proposed Amendments	Senate Committee Substitute 1 with Fiscal Impact Statements Senate Floor Amendment 1 Senate Floor Amendment 2 Senate Floor Amendment 3 Senate Floor Amendment 4 Senate Floor Amendment 5 Senate Floor Amendment 6 House Committee Substitute 1 House Floor Amendment 1
Votes	Vote History

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01/02/24	introduced in Senate to Committee on Committees (S)
01/05/24	to Veterans, Military Affairs, & Public Protection (S)
02/08/24	reported favorably, 1st reading, to Calendar with Committee Substitute (1) Floor Amendments (1), (2), (3), (4) and (5) filed to Committee Substitute
02/09/24	2nd reading, to Rules
02/12/24	floor amendment (6) filed to Committee Substitute posted for passage in the Regular Orders of the Day for Wednesday, February 14, 2024
02/14/24	3rd reading floor amendment withdrawn Floor Amendments (1), (2) and (3) floor amendment withdrawn Floor Amendments (4) and (5) passed 25-9-1 with Committee Substitute (1) and Floor Amendment (6)
02/15/24	received in House to Committee on Committees (H)
03/15/24	to Judiciary (H)
03/21/24	reported favorably, 1st reading, to Calendar with Committee Substitute (1) floor amendment (1) filed to Committee Substitute
03/22/24	2nd reading, to Rules posted for passage in the Regular Orders of the Day for Monday, March 25, 2024
03/26/24	3rd reading Floor Amendment (1) defeated passed 68-19 with Committee Substitute (1) received in Senate to Rules (S)
03/27/24	posted for passage for concurrence in House Committee Substitute (1) Senate concurred in House Committee Substitute (1) passed 24-10 with Committee Substitute (1) enrolled, signed by President of the Senate
03/28/24	enrolled, signed by Speaker of the House delivered to Governor
04/09/24	filed without Governor's signature with the Secretary of State
04/10/24	became law without Governor's Signature (Acts Ch. 160)

Proposed Amendments

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Amendment	Senate Committee Substitute 1
Fiscal Impact Statements	Corrections Impact to Senate Committee Substitute 1 Local Mandate to Senate Committee Substitute 1
Summary	Retain original provisions, except amend KRS 635.020 to provide that a child who was 15 years of age or older at the time of a Class A, B, or C felony offense involving the use of a firearm shall be confined in a facility for juveniles or youthful offenders; provide that the Commonwealth's attorney may transfer the case back to District Court after consulting with the county attorney.
Index Headings	Courts, Circuit - Felony involving a firearm, age 15 or older, transfer back to District Courts, District - Felony involving a firearm, age 15 or older, transfer from Circuit Court Crimes and Punishments - Felony involving a firearm, age 15 or older, confinement in a juvenile facility Crimes and Punishments - Felony involving a firearm, age 15 or older, transfer back to District Court Criminal Procedure - Felony involving a firearm, age 15 or older, confinement in a juvenile facility Criminal Procedure - Felony involving a firearm, age 15 or older, transfer back to District Court Firearms and Weapons - Felony involving a firearm, age 15 or older, confinement in a juvenile facility Firearms and Weapons - Felony involving a firearm, age 15 or older, transfer back to District Court Corrections Impact - Felony involving a fireare, age 15 or older, transfer back to District Local Mandate - Felony involving a firearm, age 15 or older, transfer back to District

Amendment	Senate Floor Amendment 1
Sponsor	W. Westerfield
Summary	Remove provisions of Section (1) of the bill relating to wanton endangerment.
Index Headings	Crimes and Punishments - Wanton endangerment, remove provisions relating to Criminal Procedure - Violent offender statute, remove certain proposed changes

Amendment	Senate Floor Amendment 2
Sponsor	W. Westerfield
Summary	Limit application of automatic transfer provisions to cases in which the firearm is discharged in the commission of the crime.
Index Headings	Children and Minors - Automatic transfer of juveniles for trial as adults, limit to cases in which firearm is discharged Crimes and Punishments - Automatic transfer of juveniles for trial as adults, limit to cases in which firearm is discharged Firearms and Weapons - Automatic transfer of juveniles for trial as adults, limit to cases in which firearm is discharged

Amendment	Senate Floor Amendment 3
Sponsor	W. Westerfield
Summary	Modify section allowing automatic transfer of minors charged with certain offenses for trial as an adult; require District Court to analyze factors before making a finding to transfer.
Index Headings	Crimes and Punishments - Automatic transfer, modify provisions Criminal Procedure - Automatic transfer, modify provisions Children and Minors - Automatic transfer, modify provisions

Amendment	Senate Floor Amendment 4
Sponsor	W. Westerfield
Summary	Remove section allowing automatic transfer of minors charges with certain offenses for trial as an adult.
Index Headings	Children and Minors - Automatic transfer, remove provisions Crimes and Punishments - Automatic transfer, remove provisions Criminal Procedure - Automatic transfer, remove provisions

Amendment	Senate Floor Amendment 5
Sponsor	W. Westerfield
Summary	Modify section allowing automatic transfer of minors charged with certain offenses for trial as an adult; require District Court to analyze factors before making a finding to transfer.
Index Headings	Crimes and Punishments - Automatic transfer, modify provisions Criminal Procedure - Automatic transfer, modify provisions Children and Minors - Automatic transfer, modify provisions

Amendment	Senate Floor Amendment 6
Sponsor	M. Deneen
Summary	Retain original provisions, except modify section allowing automatic transfer of minors charged with certain offenses for trial as an adult; provide that the county attorney shall consult with the Commonwealth's attorney before making a motion to proceed against a minor as a youthful offender.
Index Headings	Children and Minors - Automatic transfer of children, consultation between county attorney and Commonwealth's attorney Crimes and Punishments - Automatic transfer of children, consultation between county attorney and Commonwealth's attorney Criminal Procedure - Automatic transfer of children, consultation between county attorney and Commonwealth's attorney

Amendment	House Committee Substitute 1
Summary	Retain original provisions, except remove KRS 439.3401 and 508.060; amend KRS 635.020 to provide that the firearm involved in the crime be used by the child subject to the motion to be proceeded against as a youthful offender; allow the Circuit Court to transfer the child back to District Court if the Circuit Court finds that less than two of the factors listed in KRS 640.010 favor keeping the child in Circuit Court; make techincal corrections.
Index Headings	Technical Corrections - SB 20/GA Courts - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court Courts, Circuit - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court Courts, District - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court Crimes and Punishments - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court Criminal Procedure - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court Firearms and Weapons - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court Children and Minors - Youthful offender, offenses involving a firearm, Circuit Court transfer back to District Court

Amendment	House Floor Amendment 1
Sponsor	L. Burke
Summary	Retain original provisions, except allow the Circuit Court to transfer a youthful offender back to District Court if the Circuit Court finds that the factors listed in KRS 640.010 favor the transfer.
Index Headings	Children and Minors - Youthful offender, offenses involving a frearm, Circuit Court transfer Courts - Youthful offender, offenses involving a frearm, Circuit Court transfer Courts, Circuit - Youthful offender, offenses involving a frearm, Circuit Court transfer Courts, District - Youthful offender, offenses involving a frearm, Circuit Court transfer Crimes and Punishments - Youthful offender, offenses involving a frearm, Circuit Court transfer

Last updated: 9/26/2024 1:37 PM (EDT)