Juveniles accused of committing certain felonies while using a firearm could be tried as adults under Senate Bill 20.
The House Judiciary Committee advanced the measure Wednesday. The bill is sponsored by Sen. Matthew Deneen, R-Elizabethtown.
Deneen said SB 20 addresses an unfortunate situation in the commonwealth: youth gun violence. Deneen cited several recent incidences of shootings involving teens, including one in Louisville from over the weekend.
“Our kids are using guns to settle their disputes,” Deneen said. “In many cases, they’re using guns that are illegally obtained through carjackings and sometimes even with the help of an adult.”
Under current statute, Deneen said many juveniles are allowed “to go into jail and walk right back out before our policemen even have time to finish the paperwork.”
SB 20 would change that, he said.
“It takes our most heinous crimes – A, B, and C felonies involving the use of a gun – and it transfers those to circuit court,” Deneen said.
The original version of SB 20 contained provisions that were included in House Bill 5, which passed off the Senate floor last week. SB 20 was amended in the House Judiciary Committee to remove those redundant provisions, Committee Chair Daniel Elliott, R-Danville, said.
The new version of SB 20 only focuses on juvenile felony offenses involving firearms.
Under SB 20, the circuit court could use a reverse waiver to send cases back to district court. The requirements for the waiver involve reviewing 10 factors already established in statute. If the offender doesn’t meet at least two of those factors, the case can be sent back to district court, Elliott said.
The new version of SB 20 also ensures only children who used a firearm are implicated, Deneen and Elliott said.
Deneen said this bill would hold violent juveniles accountable and prevent them from creating more victims.
“This is not a perpetrator-centered bill. This is a victim-centered bill,” Deneen said. “We owe it to those families that have been wounded that are now in wheelchairs because of gun violence committed by other juveniles.”
During discussion, Rep. Keturah Herron, D-Louisville, said she agrees that gun violence is a major issue that needs to be addressed. However, she does not believe SB 20 will help, and she advocated for more prevention measures.
“There have been over 100 JCPS students who have been shot – some killed, some just wounded – and we need to do something,” Herron said. “However, some of you all know I think the approach is the wrong approach.”
Rep. Kimberly Poore Moser, R-Taylor Mill, thanked Deneen for the bill and said seeing the increase in youth gun violence tells her the legislature needs to do more. She asked Deneen if there is an opportunity to hold more parents accountable when they allow children to have access to or do not properly secure firearms.
Deneen said he agrees adults should be held accountable, but SB 20 only focuses on juvenile gun-related cases.
As for the fiscal impact of SB 20, Rep. Nima Kulkarni, D-Louisville, said she has concerns.
“My concern is the capacity and the bandwidth to actually implement this if we don’t have that money being allocated in the budget for it,” she said.
Deneen said there is a cost associated with the bill, but the cost of not moving forward with SB 20 is greater when lives and the well-being of Kentuckians is at stake.
Rep. Lindsey Burke, D-Lexington, said she also has concerns about the fiscal impact of SB 20. She made a motion to table the bill until an updated corrections impact statement can be drafted. The motion failed.
Rep. Patrick Flannery, R-Olive Hill, said he “proudly supports” SB 20 and believes it will keep Kentuckians safer.
“When you have serious violent offenders that are locked up, that keeps them off the streets and keeps them from doing this to our family members, our loved ones, our neighbors, people that we care about, or people that we may not even know,” he said.
The House Judiciary Committee approved SB 20 by a 12-4 vote. It now goes before the full House for consideration.
Information from the Kentucky Legislative Research Commission.
