This bill amends the Kansas juvenile justice code, specifically K.S.A. 38-2347, to establish that no juvenile under the age of 18 shall be prosecuted as an adult. The previous law allowed for juveniles as young as 14 to be prosecuted as adults, but this bill raises the minimum age to 18. The bill outlines the process for the county or district attorney to file a motion for adult prosecution, emphasizing that the juvenile is presumed to be a juvenile unless proven otherwise by a preponderance of the evidence.
Additionally, the bill details the factors the court must consider when determining whether to authorize adult prosecution or designate the case as an extended jurisdiction juvenile prosecution. These factors include the seriousness of the offense, the juvenile's history, and the availability of rehabilitation programs. The bill also ensures that juveniles have the right to a trial by jury and other legal protections if they are subject to extended jurisdiction juvenile prosecution. The existing section of K.S.A. 38-2347 is repealed, and the new provisions will take effect upon publication in the statute book.
Statutes affected: As introduced: 38-2347