Sen. Matthew Deneen, R-Elizabethtown, sponsored the bill automatically transferring some juvenile cases to adult court. (LRC Public Information)

FRANKFORT — A bill making it easier for Kentucky to try certain juveniles as adults passed out of the Senate Wednesday 25-9-1 after a heated debate.?

Under Senate Bill 20, Kentuckians would be transferred to circuit court for trial as an adult if, among other things, they were at least 15 years old at the time of an alleged crime and used a gun while committing a Class A, B or C felony — whether or not the gun was “functional.”?

Speaking on the Senate floor Wednesday, primary sponsor Sen. Matthew Deneen, R-Elizabethtown, said “it is unfortunate that these adult crimes have trickled down to the ages we see them.”??

“Currently these types of crimes begin in juvenile court and they work their way up to being referred to adult court,” Deneen said in a Feb. 8 committee meeting. “What Senate Bill 20 says is when you commit this level of crime, this deadly crime, with a gun, that you start in an adult court. But it also provides prosecutorial discretion after consultation with the judge and the county attorney.”?

The bill states that a minor can be referred back to district court if “it is in the best interest of the public and the child to do so.”?

A child convicted as an adult would face the same penalties as an adult, under the bill, though they would be housed with fellow juveniles until turning 18.??

The bill is aimed at curbing what Deneen has called a “spike” in gun crimes committed by youth. It places “victims before perpetrators,” Deneen said.?

On the Senate floor, Deneen said “gun related crimes are jeopardizing our right to life, liberty and the pursuit of happiness. … The victimization and trauma, PTSD and mental health issues of those victimized far outlasts the sentences awarded.”?

SB 20 makes other changes in the criminal code, including redefining “violent offender” by adding some crimes to the designation. Also, under the bill, those convicted of Class C felonies “involving the discharge of a weapon” would be required to serve half of their sentence before being eligible for parole, an increase from 20%.?

Sen. Whitney Westerfield, R-Fruit Hill, who voted against the bill in committee and on the floor Wednesday, filed five floor amendments, all of which were withdrawn.?

Westerfield said on the floor that “upon reflection I don’t believe I have the votes” to pass the amendments, which would have struck parts of the bill, among other things.?

The debate??

On the floor, Westerfield said there’s no evidence of a failure to transfer child offenders to adult court when appropriate. He pointed out the lack of county-specific data supporting the change.?

“That’s not what we have,” he said. “There’s no evidence of that. The evidence doesn’t exist.”?

Westerfield, who is the chairman of the Senate Judiciary Committee, added: “We’re moving forward without any information to back up what we’re asking for… to change the law.”?

Concerns about the bill were bipartisan.?

“We need to do comprehensive penal code reform and not add to the … inconsistent quilt of criminal justice policy (with) statutes that make no sense sometimes” said Sen. Robin Webb, D-Grayson, in speaking against the bill. “A statute is a reflection of us.”?

Sen. Danny Carroll, R-Benton, also voted against SB20.?

Carroll, chairman of the Senate Families and Children Committee, said while “I still agree with personal responsibility,” he is suspicious of “blanket policy” when it comes to juveniles.?

Sen. Karen Berg, D-Louisville, who voted against the bill, said, “I … want my constituents to understand: I value your security. I want you to be able to go for walks at night in your neighborhoods.I want you to feel comfortable at the grocery store. I do not think that automatically sending 15-year-old children to adult court is going to provide that safety for you.”?

Sen. Adrienne Southworth, R-Lawrenceburg, passed on the bill because “we need to make sure accountability is swift” but “I think we’re far away from that.”?

Democratic? Caucus Chair Sen. Reginald Thomas, D-Lexington, said the bill, which he voted against, would “turn back the clock and go in the wrong direction.”?

“I thought we had learned as a country over the last 20 years,” Thomas said, “that this whole idea of ‘lock them up and throw away the key’ mentality was unsuccessful.”?

SB20 can now move to the House for consideration.?