Session of 1999
SENATE BILL No. 93
An Act concerning juvenile offenders; relating to
venue of proceedings; amending K.S.A.
1998 Supp. 38-1605 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 1998 Supp.
38-1605 is hereby amended to read as
follows: 38-1605. (a) Venue for proceedings in any case involving
an al-
leged juvenile offender shall be in any county where any act of the
alleged
offense was committed.
(b) Except as provided in subsection (c),
venue for sentencing pro-
ceedings in any case involving a juvenile alleged
found to be a juvenile
offender shall be in the county of the juvenile's residence or, if
the ju-
venile is not a resident of this state, in the county where the
alleged
offense was committed. When the sentencing hearing is to be held in
a
county other than the county where the alleged
offense was committed,
the trial judge shall transmit the record of the trial, and
recommendations
as to sentencing, to the court where the sentencing hearing
is to be held
upon adjudication, the judge shall contact the sentencing court
and advise
the judge of the transfer. The court adjudicating the juvenile
shall send
forthwith to the sentencing court a facsimile of the complaint,
the adju-
dication journal entry or judge's minutes, if available, and any
recom-
mendations in regard to sentencing. Such documents shall be sent
for
purposes of notification and shall not constitute original court
documents.
The court adjudicating the juvenile shall also send to the
sentencing court
a complete copy of the official file in the case by mail within
five working
days of the adjudication.
(c) If the trial is held
juvenile is adjudicated in a county other than
the county of the juvenile's residence, the
sentencing hearing may be
held in the county in which the trial is held
adjudication was made if the
trial adjudicating judge, upon motion by
the complainant or any person
authorized to appeal, finds that it is in the best interests of the
juvenile
offender and the community that the sentencing hearing be held in
the
county where the act was committed.
Sec. 2. K.S.A. 1998 Supp. 38-1605 is hereby
repealed.
Sec. 3. This act shall take effect and be in force
from and after its
publication in the Kansas register.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
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SENATE concurred in
HOUSE amendments ______________________________
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Passed the HOUSE
as amended ______________________________
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APPROVED ______________________________
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