The 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. This change replaces the previous threshold of 14 years of age, thereby increasing the minimum age for adult prosecution. 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. It also details the factors the court must consider when determining whether to authorize adult prosecution or designate the case as an extended jurisdiction juvenile prosecution.
Additionally, the bill includes provisions for the court to conduct hearings on such motions, ensuring that juveniles are informed of their rights and the nature of the charges against them. The court must weigh various factors, including the seriousness of the offense and the juvenile's history, before making a decision. The bill also stipulates that if the court finds sufficient evidence, it may authorize adult prosecution or designate the case for extended jurisdiction juvenile prosecution, which grants the juvenile certain rights akin to those of adult defendants. The existing section of K.S.A. 38-2347 is repealed, and the act will take effect upon publication in the statute book.
Statutes affected: As introduced: 38-2347