FRANKFORT, Ky. — A bill that passed the Kentucky Senate will try more juveniles who commit crimes as adults. Senate Bill 20 would make anyone at least 15 years old who uses a gun in a crime to face trial in a circuit court.

What You Need To Know

  • Under Senate Bill 20, a juvenile at least 15 years old who commits a crime with a gun would be tried as an adult 

  • In Louisville, youth homicides tripled from 2018 to 2021, according to LMPD data 

  • Teen offenders currently start the legal process in juvenile court 

  • This bill would allow a county and Commonwealth's attorney to determine a switch from adult court to juvenile court, depending on the offender

Under the bill, any juvenile at least 15 years of age who commits a crime using a gun, functioning or not, would start the legal process in adult circuit court. This overturns actions taken by the legislature in 2021 that showed some leniency to juvenile offenders.

State Sen. Greg Elkins, R-Winchester, said he wants to crack down on “a spike in violent crimes” committed by juvenile offenders, particularly if those crimes involve a firearm. In Louisville, youth homicides tripled from 2018 to 2021, according to data from the Louisville Metro Police Department (LMPD).

“If you’re a juvenile and you pick up a gun to commit a crime, you’re committing an adult crime, and you need to be tried as an adult,” Elkins said.

Senator Elkins voted “yes” Wednesday, Feb. 14, on SB 20. If it becomes law, a child at least 15 would be transferred to circuit court and tried as an adult if they commit a Class A, B or C felony and if a gun was used. Elkins said this harsher punishment will deter crime.

“A lot of times, juveniles know they’re going to be treated as a juvenile in the court system, so they’re not as afraid to commit that crime or to pick up that gun,” Elkins said. “Hopefully, this bill will be a deterrent to that.” 

The legal process currently begins in district court for teen offenders. A judge then determines if the case should stay in juvenile court or moved to adult court based on criminal history and gang involvement, among other factors.

“We trust judges to make those most important decisions involving rights and responsibilities, but in this particular case with this bill, we’re saying, ‘I’m sorry, judge; your discretion doesn’t matter anymore,’” said State Sen. Whitney Westerfield, R-Fruit Hill.

Westerfield was one of two Republicans to vote against the bill. He said the main sponsor, State Sen. Matt Deneen, R-Elizabethtown, used “scare tactics” on the floor during discussion and vote.

“He made the argument that there are a lot of these kids that are not [getting] punished and that there’s not some sort of consequence for their very violent behavior; there’s absolutely no evidence of that,” Westerfield said.

The bill allows for a juvenile offender to be transferred back to a district court at the discretion of county and Commonwealth’s attorneys only if it is best for the offender and public safety. Elkins said to his understanding that would include factors of criminal history, mental health and gang involvement.

“Generally, the Commonwealth’s attorney and county attorney are probably going to be more familiar with the juvenile before it gets to that stage,” Elkins said.

A child convicted as an adult would receive the same penalties as an of-age offender, except they’d be housed with other juveniles until their 18th birthday.

The bill also adds some crimes to the violent offender code, including first-degree burglary, second-degree assault and first-degree wanton endangerment.

SB 20 passed the full senate, 25-9-1. All Democrats opposed its passage. State Sen. Danny Carroll, R-Benton, also crossed party lines with Westerfield and voted “no” on the matter.

State Sen. Adrienne Southworth, R-Lawrenceburg, opted to pass on the bill.

It now heads to the House for concurrence.

Related Stories