Senate Bill 20

Actions | Amendments
Last Action 04/10/24: became law without Governor's Signature
Title AN ACT relating to crimes and punishments.
Bill Documents 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 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

Actions

Top | Amendments
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

Proposed Amendments

Top | Actions
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: 4/16/2024 1:01 AM (EDT)