CHAPTER 51 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 K.S.A. 1998 Supp. 38-1605 is hereby repealed.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.

Approved April 3, 1999.
 Published in the Kansas Register April 15, 1999.
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