More Kentucky teenagers charged with gun-related felonies would be transferred to adult court to stand trial under a bill passed by the state Senate on Wednesday.
The bill passed the Senate on a 25-9 vote and moves on to the House. Senate Bill 20 is part of a broader push in the Republican-controlled Congress to stiffen penalties for a variety of crimes.
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Under the bill, if a youth is charged with a felony and uses a firearm in the alleged crime, he or she would be transferred to circuit court and tried like an adult. It applies to juveniles over the age of 15 and crimes including robbery and assault.
Republican Sen. Matthew Deneen, the bill’s lead sponsor, said the bill would ensure a “criminogenic window” for gun-related crimes by teens.
“We owe justice to the victims of gun-related felonies by holding the perpetrators accountable,” Deneen said. “Gun-related crimes endanger our rights to life, liberty, and the pursuit of happiness.”
The measure would roll back a criminal justice policy enacted in Kentucky three years ago.
Kentucky teens charged with gun-related felonies will be transferred to adult court for trial under a bill passed by the state Senate on Wednesday, February 14, 2024. Become. (AP Photo/Timothy D. Easley)
At the time, lawmakers eliminated the automatic transfer of juveniles from juvenile court to circuit court in certain cases. A judge must now hold a hearing to determine whether transfer is appropriate based on the evidence. If they appear in circuit court, teens can face the same penalties as adults, including prison. Under the new bill, teens convicted in circuit court would be held in juvenile facilities until they turn 18.
Republican Sen. Whitney Westerfield, who opposed the new bill, said there was nothing to suggest judges were systematically refusing to send such cases involving violent crimes to circuit courts. Stated.
“There’s no evidence that that’s happening, because it’s not happening,” he said.
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Mr. Westerfield has been at the forefront of juvenile justice reform in recent years.
He said the bill would strip judges of their discretion to decide which court should hear a case. A variety of factors are considered, including the young person’s criminal record, potential for rehabilitation, whether the child has a severe intellectual disability, and whether there was evidence of gang participation.
The bill was amended to allow prosecutors to refer such cases back to juvenile court. Westerfield responded that it is “very rare” for a case transferred to circuit court to return to juvenile court.
Opponents also said the focus should be on the root causes of juvenile crime, such as poverty and recruitment into gangs, as well as interventions and education efforts that can curb juvenile crime.
Republican Sen. John Schickel responded that the measure was a legitimate response to growing public dissatisfaction with the state’s juvenile justice laws.
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“The public has lost confidence that justice will be served for these serious juvenile crimes,” he said.
