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.

Summary of Amendment: 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.

Summary of Amendment: Senate Floor Amendment 1 -- W. Westerfield

Summary Remove provisions of Section (1) of the bill relating to wanton endangerment.

Summary of Amendment: Senate Floor Amendment 2 -- W. Westerfield

Summary Limit application of automatic transfer provisions to cases in which the firearm is discharged in the commission of the crime.

Summary of Amendment: Senate Floor Amendment 3 -- 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.

Summary of Amendment: Senate Floor Amendment 4 -- W. Westerfield

Summary Remove section allowing automatic transfer of minors charges with certain offenses for trial as an adult.

Summary of Amendment: Senate Floor Amendment 5 -- 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.

Summary of Amendment: Senate Floor Amendment 6 -- 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.

Summary of 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.

Summary of Amendment: House Floor Amendment 1 -- 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.

Statutes affected:
Introduced: 439.3401, 508.060, 635.020
Acts Chapter 160: 635.020
Senate Committee Substitute 1: 439.3401, 508.060, 635.020
House Committee Substitute 1: 635.020
Current/Final: 635.020
Current: 439.3401, 508.060, 635.020