SB 87 — AN ACT relating to juvenile justice.

UNOFFICIAL COPY 20 RS BRSB 1087/GA AN ACT relating to juvenile justice.

(4) [Any other provision of KRS Chapters 610 to 645 to the contrary notwithstanding, ]If a child charged with a felony in which a firearm, whether functional or not, was used by the child in the commission of the offense had attained the age of fourteen (14) years at the time of the commission of the alleged offense, the court shall, upon motion of the county attorney made prior to adjudication, and after the county attorney has consulted with the Commonwealth's attorney, that the child be proceeded against as a youthful offender, proceed in accordance with the Page 1 of 5 SB008710.100 - 10 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1087/GA provisions of Section 2 of this Act[he shall be transferred to the Circuit Court for trial as an adult if, following a preliminary hearing, the District Court finds probable cause to believe that the child committed a felony, that a firearm was used in the commission of that felony, and that the child was fourteen (14) years of age or older at the time of the commission of the alleged felony.

(7) If a person who is eighteen (18) or older and before the court is charged with a felony that occurred prior to his eighteenth birthday, the court shall, upon motion of the county attorney made prior to adjudication, and after the county attorney has Page 2 of 5 SB008710.100 - 10 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1087/GA consulted with the Commonwealth's attorney, that the child be proceeded against as a youthful offender, proceed in accordance with the provisions of KRS 640.010.

Whether the offense was against persons or property, with greater Page 3 of 5 SB008710.100 - 10 - XXXX JacketedGA UNOFFICIAL COPY 20 RS BRSB 1087/GA weight being given to offenses against persons;

and 9.

Whether the child is a defendant with a serious intellectual disability in accordance with KRS 532.130;

and 10.

(c) If, following the completion of the preliminary hearing, the District Court finds, after considering the factors enumerated in paragraph (b) of this subsection, that two (2) or more of the factors specified in paragraph (b) of this subsection are determined to favor transfer, the courtchild shallmay determinebe whethertransferred orto notCircuit Court, and if the defendantchild is atransferred defendantthe withDistrict Court shall issue an order transferring the child as a seriousyouthful intellectualoffender disabilityand inshall accordancestate withon KRSthe 532.130.record the reasons for the transfer.

If the child is determined not to be a defendant with a serious intellectual disability, the child may be transferred to Circuit Court, and if the child is transferred the District Court shall issue an order transferring the child as a youthful offender and shall state on the record the reasons for the transfer.

(3) If the child is transferred to Circuit Court under this section and the grand jury does Page 4 of 5 XXXX Jacketed UNOFFICIAL COPY 20 RS BR 10 not find that there is probable cause to indict the child as a youthful offender, as defined in KRS 635.020(2) to[, (3), (5), (6), (7), and] (8) , but does find that there is Page 4 of 5 SB008710.100 - 10 - XXXX GA UNOFFICIAL COPY 20 RS SB 87/GA probable cause to indict the child for another criminal offense, the child shall not be tried as a youthful offender in Circuit Court but shall be returned to District Court to be dealt with as provided in KRS Chapter 635.

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